New Mexico Statutes
N.M. Stat. § 32A-5-1 (2026)
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✓ current as of May 2026
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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. ANNOTATIONS 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.
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1994–2025 · leading case: Helen G. v. Mark J.H., 175 P.3d 914 (N.M. 2007).
Helen G. v. Mark J.H., 175 P.3d 914 (N.M. 2007). “{1} In interpreting our Adoption Act, NMSA 1978, §§ 32A-5-1 to -45 (1993, as amended through 2005), we determine for the first time what actions an unwed biological father must take, and when he must take them, to qualify as an “acknowledged father” under the Act, making his…”
Poncho v. Bowdoin, 2006 NMCA 13 (N.M. Ct. App. 2005). “As of the divorce, Poncho had not initiated adoption proceedings under the New Mexico Adoption Act (the Adoption Act), NMSA 1978, §§ 32A-5-1 to -45 (1993, as amended through 2005).”
Vigil v. Fogerson, 126 P.3d 1186 (N.M. Ct. App. 2005). “{27} Our Supreme Court has discerned two overriding policy concerns in New Mexico’s Adoption Act (the Act), NMSA 1978, §§ 32A-5-1 to -45 (1993, as amended through 2005).”
State Ex Rel. Hsd in Matter of Kira M., 883 P.2d 149 (N.M. 1994). “Her natural parents are divorced and remarried to new spouses. Kira first came to HSD's attention in May 1990, when HSD found she had been subjected to excessive discipline and emotional abuse in the home of her mother and stepfather.”
Otero v. City of Albuquerque, 965 P.2d 354 (N.M. Ct. App. 1998). “See NMSA 1978, §§ 32A-5-1 to -45 (1993, as amended through 1997).”
Adoption Petition of Rebecca M. v. Angel A., 2008 NMCA 038 (N.M. Ct. App. 2008). “We hold that Angel established no additional factual basis, unknown to her at the time of waiver, to require the district judge to recuse himself upon her motion. B. Failure to File a Petition for Adoption {12} We are also required to determine whether failure to file a petition…”
Homer F. v. Jeremiah E., 2009 NMCA 82 (N.M. Ct. App. 2009). “Eight years later, in September 2006, Grandparents filed a petition for adoption under the Adoption Act, NMSA 1978, Sections 32A-5-1 to -45 (1993, as amended through 2007) (Adoption Act).”
In Re Adoption of Homer F., 215 P.3d 783 (N.M. Ct. App. 2009). “Eight years later, in September 2006, Grandparents filed a petition for adoption under the Adoption Act, NMSA 1978, Sections 32A-5-1 to -45 (1993, as amended through 2007) (Adoption Act).”
State ex rel. Child., Youth & Families Dep't v. Djamila B., 2014 NMCA 045 (N.M. Ct. App. 2014). “See generally NMSA 1978, §§ 32A-5-1 to -45 (1993, as amended through 2012).”
Christian Child Placement Serv. of the New Mexico Christian Child.'s Home v. Vestal, 962 P.2d 1261 (N.M. Ct. App. 1998). “{7} Section 32A-5-19 of the Adoption Act provides: The consent to adoption or relinquishment of parental rights required pursuant to the provisions of the Adoption Act [Sections 32A-5-1 to 32A-5-45] shall not be required from: A.”
Rios Ex Rel. D.R. v. Riedel, 456 F. App'x 720 (10th Cir. 2012). “’s biological father did not create a parent-child relationship within the meaning of the custodial interference statute was not interpreting that statute, but another statute, namely, New Mexico’s Adoption Act, N.M. Stat. Ann. §§ 32A-5-1 to -45. Plaintiff did not point to any…”
In re Adoption Petition of Darla D. v. Grace R., 2016 NMCA 093 (N.M. Ct. App. 2016). “to adopt Child pursuant to the provisions of the Adoption Act, NMSA 1978, §§ 32A-5-1 to -45 (1993, as amended through 2012).”
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