New Mexico Statutes

N.M. Stat. § 32A-5-19 (2026)

Persons whose consents or relinquishments are not

✓ current as of May 2026

Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

required.
The consent to adoption or relinquishment of parental rights required pursuant to the
provisions of the Adoption Act shall not be required from:

A. a parent whose rights with reference to the adoptee have been terminated
pursuant to law;

B. a parent who has relinquished the child to an agency for an adoption;

C. a biological father of an adoptee conceived as a result of rape or incest;

D. a person who has failed to respond when given notice pursuant to the provisions
of Section 32A-5-27 NMSA 1978; or

E. an alleged father who has failed to register with the putative father registry within
ten days of the child's birth and is not otherwise the acknowledged father.

History: 1978 Comp., § 32A-5-19, enacted by Laws 1993, ch. 77, § 146; 1997, ch. 34,
§ 12; 2001, ch. 162, § 4.

ANNOTATIONS

The 2001 amendment, effective June 15, 2001, in Subsection E, substituted "an
alleged father" for "any putative father"; inserted "and is not otherwise the
acknowledged father"; and deleted former Subsection F, which read "any alleged
father".

The 1997 amendment, effective July 1, 1997, substituted "32A-5-27" for "32-5-27" in
Subsection D, added Subsection F, and made minor stylistic changes at the end of
Subsections D and E.

Adoptee conceived as result of rape. — Man convicted of criminal sexual penetration
of a child had no constitutional right under the due process clause of the United States
or New Mexico constitutions to withhold consent to adoption of the child conceived and
born as a result of that act. Christian Child Placement Serv. of the N.M. Christian
Children's Home v. Vestal, 1998-NMCA-098, 125 N.M. 426, 962 P.2d 1261.

Criminal sexual penetration of 16-year-old not rape. — Child conceived as a result
of fourth-degree criminal sexual penetration of a 16-year-old was not conceived "as a
result of rape" authorizing dismissal of the father from adoption proceedings under
Subsection C of this section. State ex rel. Children, Youth & Families Dep't v. Paul P.,
1999-NMCA-077, 127 N.M. 492, 983 P.2d 1011.

Notes of Decisions

Cited in 11 cases, 1995–2015 · leading case: Helen G. v. Mark J.H., 175 P.3d 914 (N.M. 2007).

Sort: Relevance Newest Treatment

Helen G. v. Mark J.H., 175 P.3d 914 (N.M. 2007). · cites it 16× “Section 32A-5-19 of the Act, on the other hand, specifically addresses consent, including when the father’s consent is not required for an adoption, namely when the father does not register within ten days of the child’s birth.”

Christian Child Placement Serv. of the New Mexico Christian Child.'s Home v. Vestal, 962 P.2d 1261 (N.M. Ct. App. 1998). · cites it 30× “{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.”

State ex rel. Child., Youth & Families Dep't v. Paul P., 1999 NMCA 077 (N.M. Ct. App. 1999). · cites it 14× “The trial court found that Father’s consent to adoption or relinquishment of parental rights to the child was not required under NMSA 1978, § 32A-5-19(C) (1997). We disagree and reverse.”

In the Matter of Adoption Petition of Romero, 2006 NMCA 136 (N.M. Ct. App. 2006). · cites it 9× “NMSA 1978, § 32A-5-19(E) (2001) (emphasis added).”

Helen G. v. Mark Jh, 145 P.3d 98 (N.M. Ct. App. 2006). · cites it 9× “NMSA 1978, § 32A-5-19(E) (2001) (emphasis added).”

Shepherd v. Clemens, 752 A.2d 533 (Del. 2000). · cites it 2× “1 (West 1999) ( see infra text accompanying this note); N.M. Stat. Ann. § 32A-5-19 (Michie 1999); N.”

Matter of Adoption of JJB, 894 P.2d 994 (N.M. 1995). · cites it 2× “77, § 234(E) (recompiled as amended at NMSA 1978, § 32A-5-19 (Repl.Pamp.1993)). On June 7, 1991, court-appointed counsel for Bookert entered an appearance on his behalf, and on July 1, 1991, this attorney filed a motion requesting visitation for Bookert with his son.”

State ex rel. Child., Youth & Families Dep't v. Jerry K., 2015 NMCA 047 (N.M. Ct. App. 2015). · cites it 2× “See NMSA 1978, § 32A-5-17(A)(5) (2005); NMSA 1978, § 32A-5-19(A) (2001) (stating that consent to adoption or relinquishment of parental rights is a prerequisite to a child’s adoption except in a circumstance in which the parent’s parental rights to the child have been…”

Matter of Kjr, 687 N.E.2d 113 (Ill. App. Ct. 1997). “§§ 31-19-5-1 through XX-XX-X-XX (Michie 1997); N.M.Stat.Ann. §§ 32A-5-19, 32A-5-20 (Michie 1995 & 1977 Supp.”

LeClair v. Reed ex rel. Reed, 939 A.2d 466 (Vt. 2007). “” N.M. Stat. Ann. § 32A-5-19 (1978). Our Legislature, however, made no such exception in the law it adopted, and instead provided broad standing, via § 302, for “any person” claiming to be the father of a child to pursue a parentage action.”

Roth v. Bookert, 894 P.2d 994 (N.M. 1995). · cites it 2× “77, § 234(E) (recompiled as amended at NMSA 1978, § 32A-5-19 (Repl.Pamp.1993)). On June 7, 1991, court-appointed counsel for Bookert entered an appearance on his behalf, and on July 1,1991, this attorney filed a motion requesting visitation for Bookert with his son.”

— N.M. Stat. § 32A-5-19(A) — 1 case

State ex rel. Child., Youth & Families Dep't v. Jerry K., 2015 NMCA 047 (N.M. Ct. App. 2015). “See NMSA 1978, § 32A-5-17(A)(5) (2005); NMSA 1978, § 32A-5-19(A) (2001) (stating that consent to adoption or relinquishment of parental rights is a prerequisite to a child’s adoption except in a circumstance in which the parent’s parental rights to the child have been…”

— N.M. Stat. § 32A-5-19(C) — 2 cases

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.”

State ex rel. Child., Youth & Families Dep't v. Paul P., 1999 NMCA 077 (N.M. Ct. App. 1999). “The trial court found that Father’s consent to adoption or relinquishment of parental rights to the child was not required under NMSA 1978, § 32A-5-19(C) (1997). We disagree and reverse.”

— N.M. Stat. § 32A-5-19(E) — 4 cases

Helen G. v. Mark J.H., 175 P.3d 914 (N.M. 2007). “Section 32A-5-19 of the Act, on the other hand, specifically addresses consent, including when the father’s consent is not required for an adoption, namely when the father does not register within ten days of the child’s birth.”

In the Matter of Adoption Petition of Romero, 2006 NMCA 136 (N.M. Ct. App. 2006). “NMSA 1978, § 32A-5-19(E) (2001) (emphasis added).”

Helen G. v. Mark Jh, 145 P.3d 98 (N.M. Ct. App. 2006). “NMSA 1978, § 32A-5-19(E) (2001) (emphasis added).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.