2021 New Mexico Statutes
Chapter 32A - Children's Code
Article 5 - Adoptions
Section 32A-5-2 - Purpose.
The purpose of the Adoption Act is to:
A. establish procedures to effect a legal relationship between a parent and adopted child that is identical to that of a parent and biological child;
B. provide for family relationships that will give the adopted child protection and economic security and that will enable the child to develop physically, mentally and emotionally to the maximum extent possible; and
C. ensure due process protections.
History: 1978 Comp., § 32A-5-2, enacted by Laws 1993, ch. 77, § 129.
ANNOTATIONSDecisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 40-7-29 NMSA 1978 have been included in the annotations to this section.
Statutory proceeding. — Adoption, unknown at common law, is a creature of statute. Poncho v. Bowdoin, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221.
Purpose of statutes for adoption is to make provision for the welfare of children and the legislation should be liberally construed to effect that purpose. Barwin v. Reidy, 1957-NMSC-016, 62 N.M. 183, 307 P.2d 175.
Adoption statutes accorded liberal construction. — Adoption statutes are enacted in favor of humanity and are to be accorded a liberal construction by the courts. Hahn v. Sorgen, 1946-NMSC-015, 50 N.M. 83, 171 P.2d 308.
Construed to promote welfare of children. — The proper construction of New Mexico adoption statutes is such as will promote the welfare of children. Nevelos v. Railston, 1959-NMSC-013, 65 N.M. 250, 335 P.2d 573.
Jurisdictional requirements to be strictly followed. — The power to adopt children was unknown to the common law; it is a creation of statute which may prescribe the conditions under which adoption may be legally effected. Thus, the jurisdictional requirements of the statute for this special proceeding must be strictly followed. Barwin v. Reidy, 1957-NMSC-016, 62 N.M. 183, 307 P.2d 175.
Equitable adoption. — New Mexico courts have recognized the doctrine of equitable adoption. Poncho v. Bowdoin, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221.
Biological father cannot relinquish duties. — In the absence of a formal adoption under the Adoption Act, the biological father cannot voluntarily effect a relinquishment of his parental duties imposed upon him by law. Poncho v. Bowdoin, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221.
