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N.M. Stat. § 32A-5-21
New
Mexico Statutes
Chapter
32A. Children's Code Article
5. Adoption Act
§ 32A-5-21. Form of consent or relinquishment
A. Except when consent or relinquishment is implied, a consent or relinquishment
by a parent shall be in writing, signed by the parent consenting or relinquishing
and shall state the following:
(1)
the date, place and time of execution;
(2)
the date and place of birth of the adoptee and any names by which the
adoptee has been known;
(3)
if a consent to adoption is being executed, the identity of the petitioner,
if known, or when the adoption is an independent adoption and the identity
of the petitioner is unknown, how the petitioner was selected by the consenting
parent;
(4)
if a relinquishment of parental rights is being executed, the name and
address of the agency or the department;
(5)
that the person executing the consent or relinquishment has been counseled,
as provided in Section 32A-5-22 NMSA 1978, by a certified counselor of
the person's choice and with this knowledge the person is voluntarily
and unequivocally consenting to the adoption of the named adoptee;
(6)
that the consenting party has been advised of the legal consequences of
the relinquishment or consent either by independent legal counsel or a
judge;
(7)
if the adoption is closed, that all parties understand that the court
will not enforce any contact, regardless of any informal agreements that
have made between the parties;
(8)
that the consent to or relinquishment for adoption cannot be withdrawn;
(9)
that the person executing the consent or relinquishment has received or
been offered a copy of the consent or relinquishment;
(10)
that a counseling narrative has been prepared pursuant to department regulations
and is attached to the consent or relinquishment;
(11)
that the person who performed the counseling meets the requirements set
forth in the Adoption Act; and
(12)
that the person executing the consent or relinquishment waives further
notice of the adoption proceedings.
B.
The consent of an adoptee, if fourteen years of age or older, shall be
in writing,
signed by the adoptee, consenting to the adoption and shall state the
following:
(1)
the date, place and time of execution;
(2)
the date and place of birth of the adoptee and any names by which the
adoptee has been known;
(3)
the name of the petitioner;
(4)
that the adoptee has been counseled regarding the consent pursuant to
department regulation;
(5)
that the adoptee has been advised of the legal consequences of the consent;
(6)
that the adoptee is voluntarily and unequivocally consenting to the adoption;
(7)
that the consent or relinquishment cannot be withdrawn;
(8)
that a counseling narrative has been prepared pursuant to department regulation
and is attached to the consent; and
(9)
that the person who performed the counseling meets the requirements set
forth in the Adoption Act.
C.
In cases when the consent or relinquishment is in English and English
is not the first language of the consenting or relinquishing person, the
person taking the
consent or relinquishment shall certify in writing that the document has
been read and explained to the person whose consent or relinquishment
is being taken in that person's first language, by whom the document was
so read and explained and that the meaning and implications of the document
are fully understood by the person giving the consent or relinquishment.
D.
Unconditional consents or relinquishments are preferred and therefore,
conditional consents or relinquishments shall be for good cause and approved
by the court. However, if the condition is for a specific petitioner or
the condition requires the other parent to consent before the decree of
adoption is entered, the condition shall be deemed for good cause. In
any event, all conditions permitted under this subsection shall be met
within one hundred eighty days of the execution of the conditional consent
or relinquishment or the conclusion of any litigation concerning the petition
for adoption. The court may grant an extension of this time for good cause.
E.
Agency or department consents required pursuant to the provisions of Section
32A-5-17 NMSA 1978 shall state the following:
(1)
the date, place and time of execution;
(2)
the date and place of birth of the adoptee and any names by which the
adoptee has been known;
(3)
the name of the petitioner; and
(4)
the consent of the agency or department.
F.
A consent or relinquishment taken by an individual appointed to take consents
or relinquishments by an agency shall be notarized, except that a consent
or relinquishment signed in the presence of a judge need not be notarized.
A hearing before the court for the purpose of taking a consent or relinquishment
shall be heard by the court within seven days of request for setting.
G.
No consent to adoption or relinquishment of parental rights shall be valid
if executed within forty-eight hours after the adoptee's birth. Consent
to adoption or relinquishment of parental rights involving an Indian child
shall comply with the more stringent requirements of the federal Indian
Child Welfare Act of 1978 [FN1].
H.
The requirements of a consent to adoption or relinquishment of parental
rights involving an Indian child and the rights of a parent of an Indian
child to withdraw the consent or relinquishment shall be governed by the
relevant provisions of the federal Indian Child Welfare Act of 1978.
I.
A consent to or relinquishment for adoption shall not be withdrawn prior
to the entry of a decree of adoption unless the court finds, after notice
and opportunity to be heard is afforded to the petitioner, to the person
seeking the withdrawal and to the agency placing a child for adoption,
that the consent or relinquishment was obtained by fraud. In no event
shall a consent or relinquishment be withdrawn after the entry of a decree
of adoption.
L.
1993, Ch. 77, § 148; L. 2005, Ch. 189, § 64, eff. June 17, 2005.
[FN1]
25 U.S.C.A. § 1901 et seq.
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