2020 New Mexico Statutes
Chapter 32A - Children's Code
Article 5 - Adoptions
Section 32A-5-1 - Short title.

Chapter 32A, Article 5 NMSA 1978 may be cited as the "Adoption Act".

History: 1978 Comp., § 32A-5-1, enacted by Laws 1993, ch. 77, § 128; 2003, ch. 294, § 1; 2003, ch. 321, § 1.

Cross references. — For provisions of Safe Haven for Infants Act, see 24-22-1 NMSA 1978 et seq.

For adult adoptions, see 40-14-1 to 40-14-15 NMSA 1978.

The 2003 amendment, effective July 1, 2003, substituted "Chapter 32A" for "Chapter 32". Identical amendments to this section were enacted by Laws 2003, ch. 294, § 1, and Laws 2003, ch. 321, § 1. This section is set out as amended by Laws 2003, ch. 321, § 1. See 12-1-8 NMSA 1978.

Equitable adoption. — New Mexico recognizes "equitable adoptions"; those that are inferred by the law in the absence of compliance with statutory requirements. However, this recognition will only be made when certain strict requirements have been satisfied, such as the formation of a legally valid agreement by the purported parent to adopt the child. Otero v. City of Albuquerque, 1998-NMCA-137, 125 N.M. 770, 965 P.2d 354.

Prerequisite for wrongful death recovery. — Child who had not been legally adopted by decedent and could not establish a basis for equitable adoption could not recover in a wrongful death action based on the accident that killed decedent. Otero v. City of Albuquerque, 1998-NMCA-137, 125 N.M. 770, 965 P.2d 354.

Law reviews. — For note, "Family Law - A Limitation on Grandparental Rights in New Mexico: Christian Placement Service v. Gordon," see 17 N.M.L. Rev. 207 (1987).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Adoption § 1 et seq.

Required parties in adoption proceedings, 48 A.L.R.4th 860.

Action for wrongful adoption based on misrepresentation of child's mental or physical condition of parentage, 56 A.L.R.4th 375.

Attorney malpractice in connection with services related to adoption of child, 18 A.L.R.5th 892.

Adoption of child by same-sex partners, 27 A.L.R.5th 54.

"Wrongful adoption" causes of action against adoption agencies where children have or develop mental or physical problems that are misrepresented or not disclosed to adoptive parents, 74 A.L.R.5th 1.

2 C.J.S. Adoption of Persons §§ 5 to 9.