2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 5 - Adoptions
Section 32A-5-11 - Who may be adopted; who may adopt.

A. Any child may be adopted.

B. Residents who are one of the following may adopt:

(1) any individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act; and

(2) a married individual without the individual's spouse joining in the adoption if:

(a) the nonjoining spouse is a parent of the adoptee;

(b) the individual and the nonjoining spouse are legally separated; or

(c) the failure of the nonjoining spouse to join in the adoption is excused for reasonable circumstances as determined by the court.

C. Nonresidents who meet the criteria of Subsection B of this section may adopt in New Mexico if the adoptee is a resident of New Mexico or was born in New Mexico but is less than six months of age and was placed by the department or an agency licensed by the state of New Mexico.

History: 1978 Comp., § 32A-5-11, enacted by Laws 1993, ch. 77, § 138.

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 40-7-33 NMSA 1978 have been included in the annotations to this section.

Provision requiring residence as mandatory. — The provision requiring adopting persons to be residents of the state was mandatory and it limited jurisdiction over adoption proceedings to those brought by residents of New Mexico. Heirich v. Howe, 1946-NMSC-016, 50 N.M. 90, 171 P.2d 312.

Since petitioners for adoption are nonresidents, the district court lacks the necessary jurisdiction and petition to adopt must be dismissed. Heirich v. Howe, 1946-NMSC-016, 50 N.M. 90, 171 P.2d 312 (decided under prior law).