N.M. Stat. § 32A-5-21 (2026)

A. Except when consent or relinquishment is implied, a consent or relinquishment
by a parent shall be in writing, signed by the parent consenting or relinquishing and
shall state the following:

       (1)    the date, place and time of execution;

      (2)   the date and place of birth of the adoptee and any names by which the
adoptee has been known;

        (3)    if a consent to adoption is being executed, the identity of the petitioner, if
known, or when the adoption is an independent adoption and the identity of the
petitioner is unknown, how the petitioner was selected by the consenting parent;

      (4)    if a relinquishment of parental rights is being executed, the name and
address of the agency or the department;

      (5)    that the person executing the consent or relinquishment has been
counseled, as provided in Section 32A-5-22 NMSA 1978, by a certified counselor of the
person's choice and with this knowledge the person is voluntarily and unequivocally
consenting to the adoption of the named adoptee;

        (6)   that the consenting party has been advised of the legal consequences of
the relinquishment or consent either by independent legal counsel or a judge;
       (7)   if the adoption is closed, that all parties understand that the court will not
enforce any contact, regardless of any informal agreements that have made between
the parties;

       (8)    that the consent to or relinquishment for adoption cannot be withdrawn;

      (9)    that the person executing the consent or relinquishment has received or
been offered a copy of the consent or relinquishment;

       (10) that a counseling narrative has been prepared pursuant to department
rules and is attached to the consent or relinquishment;

        (11) that the person who performed the counseling meets the requirements set
forth in the Adoption Act; and

       (12) that the person executing the consent or relinquishment waives further
notice of the adoption proceedings.

   B. The consent of an adoptee, if fourteen years of age or older, shall be in writing,
signed by the adoptee, consenting to the adoption and shall state the following:

       (1)    the date, place and time of execution;

      (2)   the date and place of birth of the adoptee and any names by which the
adoptee has been known;

       (3)    the name of the petitioner;

      (4)    that the adoptee has been counseled regarding the consent pursuant to
department rules;

      (5)     that the adoptee has been advised of the legal consequences of the
consent;

      (6)     that the adoptee is voluntarily and unequivocally consenting to the
adoption;

       (7)    that the consent or relinquishment cannot be withdrawn;

       (8)    that a counseling narrative has been prepared pursuant to department
rules and is attached to the consent; and

        (9)    that the person who performed the counseling meets the requirements set
forth in the Adoption Act.
     C. In cases when the consent or relinquishment is in English and English is not the
first language of the consenting or relinquishing person, the person taking the consent
or relinquishment shall certify in writing that the document has been read and explained
to the person whose consent or relinquishment is being taken in that person's first
language, by whom the document was so read and explained and that the meaning and
implications of the document are fully understood by the person giving the consent or
relinquishment.

    D. Unconditional consents or relinquishments are preferred, and, therefore,
conditional consents or relinquishments shall be for good cause and approved by the
court. However, if the condition is for a specific petitioner or the condition requires the
other parent to consent before the decree of adoption is entered, the condition shall be
deemed for good cause. In any event, all conditions permitted under this subsection
shall be met within one hundred eighty days of the execution of the conditional consent
or relinquishment or the conclusion of any litigation concerning the petition for adoption.
The court may grant an extension of this time for good cause.

   E. Agency or department consents required pursuant to the provisions of Section
32A-5-17 NMSA 1978 shall state the following:

       (1)    the date, place and time of execution;

      (2)   the date and place of birth of the adoptee and any names by which the
adoptee has been known;

       (3)    the name of the petitioner; and

       (4)    the consent of the agency or department.

    F. A consent or relinquishment taken by an individual appointed to take consents or
relinquishments by an agency shall be notarized, except that a consent or
relinquishment signed in the presence of a judge need not be notarized. A hearing
before the court for the purpose of taking a consent or relinquishment shall be heard by
the court within seven days of request for setting.

   G. No consent to adoption or relinquishment of parental rights shall be valid if
executed within forty-eight hours after the adoptee's birth.

    H. A consent to or relinquishment for adoption shall not be withdrawn prior to the
entry of a decree of adoption unless the court finds, after notice and opportunity to be
heard is afforded to the petitioner, to the person seeking the withdrawal and to the
agency placing a child for adoption, that the consent or relinquishment was obtained by
fraud. In no event shall a consent or relinquishment be withdrawn after the entry of a
decree of adoption.
History: 1978 Comp., § 32A-5-21, enacted by Laws 1993, ch. 77, § 148; 2005, ch. 189,
§ 64; 2022, ch. 41, § 63.

                                     ANNOTATIONS

Cross references. — For the federal Indian Child Welfare Act of 1978, see 25 U.S.C. §
1901.

The 2022 amendment, effective July 1, 2022, removed provisions related to Indian
children which are now covered by the Indian Family Protection Act; in Subsection G,
deleted "Consent to adoption or relinquishment of parental rights involving an Indian
child shall comply with the more stringent requirements of the federal Indian Child
Welfare Act of 1978"; and deleted former Subsection H and redesignated former
Subsection I as Subsection H.

The 2005 amendment, effective June 17, 2005, added Subsection A(7), which
provided that a consent or relinquishment shall, if the adoption is closed, that all parties
understand that the court will not enforce any contract, regardless of any informal
agreement between the parties; and in Subsection B, changed "over the age of ten
years" to "fourteen years of age or older".

Counseling not grounds for reopening adoption. — The fact that the mother had not
received pre-consent counseling was not a proper ground upon which to reopen an
adoption. In re Adoption of Drummond, 1997-NMCA-094, 123 N.M. 727, 945 P.2d 457.

Withdrawal of parental consent. — Fraud is the only expressly-stated ground in the
Adoption Act upon which to base the withdrawal of parental consent prior to the entry of
a final decree of adoption. In re Kira M., 1994-NMSC-109, 118 N.M. 563, 883 P.2d 149.

The children's court has the power to grant the request of a natural parent to withdraw
consent under exceptional circumstances failing outside the specific grounds
enunciated in subsection F; any such order must be consistent with the best interest of
the child, which must be given paramount consideration. In re Kira M., 1994-NMSC-109,
118 N.M. 563, 883 P.2d 149.

Compliance with statutory procedures. — Where the director of the private adoption
agency talked to the parents to be sure they understood the ramifications of what they
were doing, that the relinquishment and consent were final and irrevocable; and the
parents each received counseling and independent legal advice, the parent’s
relinquishments were voluntary and complied with the requirements of this section. Vigil
v. Fogerson, 2006-NMCA-010, 138 N.M. 822, 126 P.3d 1186.