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N.M. Stat. § 32A-5-26
New
Mexico Statutes
Chapter
32A. Children's Code Article
5. Adoption Act
§ 32A-5-26. Petition; content
A
petition for adoption shall be filed and verified by the petitioner and
shall allege:
A.
the full name, age and place and duration of residence of the petitioner
and, if married, the place and date of marriage; the date and place of
any prior marriage, separation or divorce; and the name of any present
or prior spouse;
B.
the date and place of birth of the adoptee, if known;
C.
the places where the adoptee has lived within the past three years and
the names and addresses of the persons with whom the adoptee has lived,
unless the adoptee is in the custody of an agency or the department, in
which case the petitioner shall state the name and address of the agency
or the department's county office from which the child was placed;
D.
the birth name of the adoptee, any other names by which the adoptee has
been known and the adoptee's proposed new name; provided that, in the
case of an agency adoption, if the petitioner and the biological parents
have not agreed to the release of the adoptee's identity to the other
person, the birth name and any other names by which the adoptee has been
known shall be filed with the court as separate documents at the time
the petition is filed;
E.
where the adoptee is residing at the time of the filing of the petition
and, if the adoptee is not living with the petitioner, when the adoptee
will commence living with the petitioner;
F.
that the petitioner desires to establish a parent and child relationship
with the adoptee and that the petitioner is a fit and proper person able
to care and provide for the adoptee's welfare;
G.
the existence of any court orders, including placement orders, that are
known to the petitioner and that regulate custody, visitation or access
to the adoptee, copies of which shall accompany and be attached to the
petition as exhibits;
H.
the relationship, if any, of the petitioner to the adoptee;
I.
the name and address of the placing agency, if any;
J.
the names and addresses of all persons from whom consents or relinquishments
are required, attaching copies of those obtained and alleging the facts
that excuse
or imply the consents or relinquishments of the others; provided that
if the petitioner has not agreed to the release of his identity to the
parent or if the parent has not agreed to the release of his identity
to the petitioner, the names and addresses of all persons from whom consents
or relinquishments are required shall be filed with the court as separate
documents at the time the petition for adoption is filed;
K.
whether the adoption will be an open adoption, pursuant to the provisions
of Section 32A-5-35 NMSA 1978;
L.
when consent of the child's father is alleged to be unnecessary, the results
of a search of the putative father registry;
M.
whether the adoptee is an Indian child and, if so, the petition shall
allege:
(1)
the tribal affiliation of the adoptee's parents;
(2)
what specific actions have been taken and by whom to notify the parents'
tribe and the results of the contact, including the names, addresses,
titles and telephone numbers of the persons contacted. Copies of any correspondence
with the Indian tribe shall be attached as exhibits to the petition; and
(3)
what specific efforts were made to comply with the placement preferences
set forth in the federal Indian Child Welfare Act of 1978 [FN1]
or the placement preferences of the appropriate Indian tribe;
N.
whether the adoption is subject to the Interstate Compact on the Placement
of Children and, if so, a copy of the interstate compact form indicating
approval shall be attached as an exhibit to the petition;
O.
whether the adoptee is foreign-born and, if so, copies of the child's
passport and United States visa and of all documents demonstrating that
the adoptee is legally free for adoption, including a certificate from
the United States secretary of state that certifies that the adoption
is a convention adoption;
P.
whether the adoption is a convention adoption and, if so, the petition
shall allege:
(1)
that the country in which the child has been residing is a party to the
Hague Convention on Protection of Children and Co-operation in Respect
of Intercountry Adoption;
(2)
that the agency or person who is providing the adoption service has been
approved as an accrediting entity; and
(3)
that the certificate issued by the United States secretary of state that
certifies the adoption as a convention adoption has been filed with the
court; and
Q.
the name, address and telephone number of the agency or individual who
has agreed to conduct the post-placement report in accordance with Section
32A- 5-31
NMSA 1978, if different than the agency or individual who prepared the
pre-placement study in accordance with Section 32A-5-13 NMSA 1978.
L.
1993, Ch. 77, § 153; L. 1995, Ch. 206, § 38, eff. July 1, 1995;
L. 2003, Ch. 294, § 4, eff. July 1, 2003; L. 2003, Ch. 321, §
4, eff. July 1, 2003.
[FN1]
25 U.S.C.A. § 1901 et seq.
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