N.M. Stat. » N.M. Stat. / Chapter 32A / Article 5
New Mexico Statutes

N.M. Stat. § 32A-5-2 (2026)

Purpose.

✓ current as of May 2026
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The purpose of the Adoption Act is to:

    A. establish procedures to effect a legal relationship between a parent and adopted
child that is identical to that of a parent and biological child;

   B. provide for family relationships that will give the adopted child protection and
economic security and that will enable the child to develop physically, mentally and
emotionally to the maximum extent possible; and

   C. ensure due process protections.

History: 1978 Comp., § 32A-5-2, enacted by Laws 1993, ch. 77, § 129.

                                     ANNOTATIONS

Decisions under prior law. — In light of the similarity of the provisions, annotations
decided under former Section 40-7-29 NMSA 1978 have been included in the
annotations to this section.
Statutory proceeding. — Adoption, unknown at common law, is a creature of statute.
Poncho v. Bowdoin, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221.

Purpose of statutes for adoption is to make provision for the welfare of children and
the legislation should be liberally construed to effect that purpose. Barwin v. Reidy,
1957-NMSC-016, 62 N.M. 183, 307 P.2d 175.

Adoption statutes accorded liberal construction. — Adoption statutes are enacted in
favor of humanity and are to be accorded a liberal construction by the courts. Hahn v.
Sorgen, 1946-NMSC-015, 50 N.M. 83, 171 P.2d 308.

Construed to promote welfare of children. — The proper construction of New Mexico
adoption statutes is such as will promote the welfare of children. Nevelos v. Railston,
1959-NMSC-013, 65 N.M. 250, 335 P.2d 573.

Jurisdictional requirements to be strictly followed. — The power to adopt children
was unknown to the common law; it is a creation of statute which may prescribe the
conditions under which adoption may be legally effected. Thus, the jurisdictional
requirements of the statute for this special proceeding must be strictly followed. Barwin
v. Reidy, 1957-NMSC-016, 62 N.M. 183, 307 P.2d 175.

Equitable adoption. — New Mexico courts have recognized the doctrine of equitable
adoption. Poncho v. Bowdoin, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221.

Biological father cannot relinquish duties. — In the absence of a formal adoption
under the Adoption Act, the biological father cannot voluntarily effect a relinquishment of
his parental duties imposed upon him by law. Poncho v. Bowdoin, 2006-NMCA-013,
138 N.M. 857, 126 P.3d 1221.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2005–2026 · leading case: Chris & Christine L. v. Vanessa O., 2013 NMCA 107 (N.M. Ct. App. 2013).
Sort: Relevance Newest Treatment
Chris & Christine L. v. Vanessa O., 2013 NMCA 107 (N.M. Ct. App. 2013). · cites it 4× “, 1999-NMCA-077 ,^ 15 (stating that “the procedures set out in the Children’s Code for termination of parental rights suffice to insure a parent’s due process rights”).”
Helen G. v. Mark J.H., 175 P.3d 914 (N.M. 2007). · cites it 2× “Section 32A-5-2 states: The purpose of the Adoption Act [32A-5-1 NMSA 1978] is to: A.”
In the Matter of Adoption Petition of Romero, 2006 NMCA 136 (N.M. Ct. App. 2006). · cites it 2× “See NMSA 1978, § 32A-5-2 (1993) (stating that purpose of the Adoption Act is to establish protective and secure adoptive family relationships and to “ensure due process protections”); § 32A-5-15(A) (stating that “[t]he physical, mental and emotional welfare and needs of the…”
Helen G. v. Mark Jh, 145 P.3d 98 (N.M. Ct. App. 2006). · cites it 2× “See NMSA 1978, § 32A-5-2 (1993) (stating that purpose of the Adoption Act is to establish protective and secure adoptive family relationships and to "ensure due process protections"); § 32A-5-15(A) (stating that "[t]he physical, mental and emotional welfare and needs of the…”
Poncho v. Bowdoin, 2006 NMCA 13 (N.M. Ct. App. 2005). “” § 32A-5-2. The formality of court-approved adoption provides useful certainty in the law.”
In re Adoption Petition of Darla D. v. Grace R., 2016 NMCA 093 (N.M. Ct. App. 2016). · cites it 4× “” Section 32A-5-2(A), (C). Only an “individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act” may adopt.”
In re Adoption Petition of Darla D. v. Grace R., 2016 NMCA 93 (N.M. Ct. App. 2016). · cites it 4× “” Section 32A-5-2(A), (C). Only an “individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act” may adopt.”
State v. Schmidt (N.M. Ct. App. 2026). “, NMSA 15 1978, § 32A-5-2(A) (1993) (providing that the purpose of the adoption statutes is to 16 “establish procedures to effect a legal relationship between a parent and adopted 17 child that is identical to that of a parent and biological child”); NMSA 1978, § 40- 18 11A-201…”
N.M. Stat. § 32A-5-2(A): 3 cases
In re Adoption Petition of Darla D. v. Grace R., 2016 NMCA 093 (N.M. Ct. App. 2016). “” Section 32A-5-2(A), (C). Only an “individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act” may adopt.”
In re Adoption Petition of Darla D. v. Grace R., 2016 NMCA 93 (N.M. Ct. App. 2016). “” Section 32A-5-2(A), (C). Only an “individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act” may adopt.”
State v. Schmidt (N.M. Ct. App. 2026). “, NMSA 15 1978, § 32A-5-2(A) (1993) (providing that the purpose of the adoption statutes is to 16 “establish procedures to effect a legal relationship between a parent and adopted 17 child that is identical to that of a parent and biological child”); NMSA 1978, § 40- 18 11A-201…”
N.M. Stat. § 32A-5-2(C): 3 cases
Chris & Christine L. v. Vanessa O., 2013 NMCA 107 (N.M. Ct. App. 2013). “, 1999-NMCA-077 ,^ 15 (stating that “the procedures set out in the Children’s Code for termination of parental rights suffice to insure a parent’s due process rights”).”
In re Adoption Petition of Darla D. v. Grace R., 2016 NMCA 093 (N.M. Ct. App. 2016). “” Section 32A-5-2(A), (C). Only an “individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act” may adopt.”
In re Adoption Petition of Darla D. v. Grace R., 2016 NMCA 93 (N.M. Ct. App. 2016). “” Section 32A-5-2(A), (C). Only an “individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act” may adopt.”
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.