N.M. Stat. § 32A-5-26 (2026)

A petition for adoption shall be filed and verified by the petitioner and shall allege:

   A. the full name, age and place and duration of residence of the petitioner and, if
married, the place and date of marriage; the date and place of any prior marriage,
separation or divorce; and the name of any present or prior spouse;

   B. the date and place of birth of the adoptee, if known;

   C. the places where the adoptee has lived within the past three years and the
names and addresses of the persons with whom the adoptee has lived, unless the
adoptee is in the custody of an agency or the department, in which case the petitioner
shall state the name and address of the agency or the department's county office from
which the child was placed;

   D. the birth name of the adoptee, any other names by which the adoptee has been
known and the adoptee's proposed new name; provided that in the case of an agency
adoption, if the petitioner and the biological parents have not agreed to the release of
the adoptee's identity to the other person, the birth name and any other names by which
the adoptee has been known shall be filed with the court as separate documents at the
time the petition is filed;

   E. where the adoptee is residing at the time of the filing of the petition and, if the
adoptee is not living with the petitioner, when the adoptee will commence living with the
petitioner;

   F. that the petitioner desires to establish a parent and child relationship with the
adoptee and that the petitioner is a fit and proper person able to care and provide for
the adoptee's welfare;

   G. the existence of any court orders, including placement orders, that are known to
the petitioner and that regulate custody, visitation or access to the adoptee, copies of
which shall accompany and be attached to the petition as exhibits;

   H. the relationship, if any, of the petitioner to the adoptee;

   I. the name and address of the placing agency, if any;

   J. the names and addresses of all persons from whom consents or relinquishments
are required, attaching copies of those obtained and alleging the facts that excuse or
imply the consents or relinquishments of the others; provided that if the petitioner has
not agreed to the release of the petitioner's identity to the parent or if the parent has not
agreed to the release of the parent's identity to the petitioner, the names and addresses
of all persons from whom consents or relinquishments are required shall be filed with
the court as separate documents at the time the petition for adoption is filed;

   K. whether the adoption will be an open adoption, pursuant to the provisions of
Section 32A-5-35 NMSA 1978;

   L. when consent of the child's father is alleged to be unnecessary, the results of a
search of the putative father registry;

   M. whether the adoptee is an Indian child;

    N. whether the adoption is subject to the Interstate Compact on the Placement of
Children [32A-11-1 NMSA 1978] and, if so, a copy of the interstate compact form
indicating approval shall be attached as an exhibit to the petition;

    O. whether the adoptee is foreign-born and, if so, copies of the child's passport and
United States visa and of all documents demonstrating that the adoptee is legally free
for adoption, including a certificate from the United States secretary of state that
certifies that the adoption is a convention adoption;

   P. whether the adoption is a convention adoption and, if so, the petition shall allege:

       (1)    that the country in which the child has been residing is a party to the
Hague Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption;

      (2)   that the agency or person who is providing the adoption service has been
approved as an accrediting entity; and

        (3)     that the certificate issued by the United States secretary of state that
certifies the adoption as a convention adoption has been filed with the court; and

   Q. the name, address and telephone number of the agency or individual who has
agreed to conduct the post-placement report in accordance with Section 32A-5-31
NMSA 1978, if different than the agency or individual who prepared the pre-placement
study in accordance with Section 32A-5-13 NMSA 1978.

History: 1978 Comp., § 32A-5-26, enacted by Laws 1993, ch. 77, § 153; 1995, ch. 206,
§ 38; 2003, ch. 294, § 4; 2003, ch. 321, § 4; 2022, ch. 41, § 64.

                                      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; and in Subsection
M, after "whether the adoptee is an Indian child", deleted "and, if so, the petition shall
allege", and deleted Paragraphs M(1) through M(3).

Applicability. — Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022,
ch. 41 apply to all cases filed on or after July 1, 2022.

The 2003 amendment, effective July 1, 2003, added "including a certificate from the
United States secretary of state that certifies that the adoption is a convention adoption"
at the end of Subsection O; and added a new Subsection P and redesignated former
Subsection P as Subsection Q. Laws 2003, ch. 294, § 4 and Laws 2003, ch. 321, § 4
enacted identical amendments to this section. The section was set out as amended by
Laws 2003, ch. 321, § 4. See 12-1-8 NMSA 1978.

The 1995 amendment, effective July 1, 1995, substituted "32A-5-35" for "32-5-35" in
Subsection K, substituted "32A-5-31" for "32-5-31" and "32A-5-13" for "32-5-13" in
Subsection P, and made minor stylistic changes throughout the section.