New Mexico Adoption Laws, Page 3

Consent to Adoption

Statute: § 32A-5-17

Statute: § 32A-5-17

A child 10 years of age or older must consent, unless a court finds the child lacks the mental capacity to give consent.

Statute: §§ 32A-5-18; 32A-5-19

A parent's rights have been terminated or have been relinquished to an adoption agency.
A person is the biological father of a child conceived by rape or incest.
Any person has failed to respond to notice.
An alleged father has failed to register with the putative father registry within 10 days of he child's birth.

The parent has left the child without identification for 14 days or has failed to contact or support the child:
- For 3 months, if the child is under 6 years of age
- For 6 months, if the child is age 6 years or older

Statute: § 32A-5-21(G)

Statute: §§ 32A-5-21; 32A-5-23

Consent must be in writing, and must confirm that the parent has received counseling and has been advised of the legal consequences of relinquishment.
Consent shall be executed before a judge, an individual appointed to take consents, or by an agency licensed by the State.
If consent is not executed before a judge, the consenting parent must be represented by independent counsel, and a guardian ad litem must be appointed for any adopted person whose consent is required.

Statute: § 32A-5-21(I)

Consents may not be withdrawn prior to the entry of the final judgment unless the consent was obtained by fraud.
After the final decree, consent is irrevocable.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)