2021 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 11A - New Mexico Uniform Parentage Act
Article 2 - PARENT-CHILD RELATIONSHIP
Section 40-11A-201 - Establishment of parent-child relationship.

A. The mother-child relationship is established between a woman and a child by:

(1) the woman's having given birth to the child;

(2) an adjudication of the woman's maternity; or

(3) adoption of the child by the woman.

B. The father-child relationship is established between a man and a child by:

(1) an unrebutted presumption of the man's paternity of the child pursuant to Section 2-204 of the New Mexico Uniform Parentage Act;

(2) an effective acknowledgment of paternity by the man pursuant to Article 3 of the New Mexico Uniform Parentage Act, unless the acknowledgment has been rescinded or successfully challenged;

(3) an adjudication of the man's paternity;

(4) adoption of the child by the man; or

(5) the man's having consented to assisted reproduction by a woman pursuant to Article 7 of the New Mexico Uniform Parentage Act that resulted in the birth of the child.

History: Laws 2009, ch. 215, § 2-201.

Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.

Cross references. — For provisions relating to the determination of paternity when death occurs during proceedings for dissolution of marriage, separation, annulment of marriage or paternity, see 40-4-20 NMSA 1978.

For provisions relating to the establishment of a parent-child relationship for purposes of intestate succession, see 45-2-115 through 45-2-122 NMSA 1978 of the Uniform Probate Code.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Parental rights of man who is not biological or adoptive father of child but was husband or cohabitant of mother when child was conceived or born, 84 A.L.R.4th 655.