2011 New Mexico Statutes
Chapter 45: Uniform Probate Code
Article 2: Intestate Succession and Wills, 45-2-101 through 45-2-1116
Section 45-2-118: Adoptee and adoptee's adoptive parent or parents. (Effective January 1, 2012.)
45-2-118. Adoptee and adoptee's adoptive parent or parents. (Effective January 1, 2012.)
A. A parent-child relationship exists between an adoptee and the adoptee's adoptive parent or parents.
B. For purposes of Subsection A of this section:
(1) an individual who is in the process of being adopted by a married couple when one of the spouses dies is treated as adopted by the deceased spouse if the adoption is subsequently granted to the decedent's surviving spouse; and
(2) a child of a genetic parent who is in the process of being adopted by a genetic parent's spouse when the spouse dies is treated as adopted by the deceased spouse if the genetic parent survives the deceased spouse by one hundred twenty hours.
C. If, after a parent-child relationship is established between a child of assisted reproduction and a parent pursuant to Section 45-2-120 NMSA 1978 or between a gestational child and a parent pursuant to Section 45-2-121 NMSA 1978, the child is in the process of being adopted by the parent's spouse when that spouse dies, the child is treated as adopted by the deceased spouse for the purpose of Paragraph (2) of Subsection B of this section.
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