US Laws, Codes, Statutes & Cases

40-11-14. Civil action.

A.     An action under the Uniform Parentage Act [ 40-11-1 NMSA 1978] is a civil action governed by the rules of civil procedure. Jury trial is not available in actions to establish parentage. The mother of the child and the alleged father are competent to testify and may be compelled to testify.   

B.     Testimony relating to sexual access to the mother by an unidentified man at any time or by an identified man at a time other than the probable time of conception is inadmissible in evidence, unless offered by the mother.   

C.     In an action against an alleged father, evidence offered by him with respect to a man who is not subject to the jurisdiction of the court concerning his sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if the alleged father has undergone and made available to the court blood tests, the results of which do not exclude the possibility of his paternity of the child.   

D.     A default order must be entered upon a showing of service of process on the defendant or any other showing required by state law.