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
Helen G. v. Mark J.H., 2008-NMSC-002, 175 P.3d 914.
· 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.”
State ex rel. Child., Youth & Families Dep't v. Paul P., 1999-NMCA-077, 983 P.2d 1011.
· 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.”
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, 7 N.M. 654.
· 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. 1st Dist. 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, 2007 VT 89, 939 A.2d 466.
“” 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, 7 N.M. 654.
“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
State ex rel. Child., Youth & Families Dep't v. Paul P., 1999-NMCA-077, 983 P.2d 1011.
“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., 2008-NMSC-002, 175 P.3d 914.
“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.”
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.