N.M. Stat. » Chapter 40 — Domestic Affairs
New Mexico Statutes

N.M. Stat. § 40-11-2 (2026)

Repealed

✓ laws through the 2025 session (retrieved May 2026)
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History: Laws 1986, ch. 47, § 2; repealed by Laws 2009, ch. 215, § 9.

ANNOTATIONS

Repeals. — Laws 2009, ch. 215, § 19 repealed 40-11-2 NMSA 1978, as enacted by Laws 1986, ch. 47, § 2, relating to definitions, effective January 1, 2010. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com. For present comparable provisions, see the New Mexico Uniform Parentage Act, 40-11A-101 to 40- 11A-903 NMSA 1978.

Notes of Decisions
Cited in 10 cases, 1993–2018 · leading case: Chatterjee v. King, 2012-NMSC-019, 280 P.3d 283.
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Chatterjee v. King, 2012-NMSC-019, 280 P.3d 283. · cites it 4× “” For a mother, Section 40-11-4(A) provides that “the natural mother may be established by proof of her having given birth to the child, or as provided by Section [40-11- 21 NMSA 1978].”
Tue Thi Tran v. Bennett, 411 P.3d 345 (N.M. 2018). · cites it 2× “See § 40-11-2. Moreover, "the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.”
Chatterjee v. King, 2011-NMCA-012, 253 P.3d 915. · cites it 2× “See Int’l Ass’n of Firefighters, 2009-NMCA-097, ¶ 11 (stating that we do not read statutes to render portions of it meaningless); see also § 40-11-2 (defining the “parent and child relationship” as used in the UPA as “the legal relationship existing between a child and his…”
Padilla v. Montano, 862 P.2d 1257 (N.M. Ct. App. 1993). · cites it 2× “” See § 40-11-2. A paternity proceeding is a civil action to compel a putative father to support his child.”
Diamond v. Diamond, 2011-NMCA-002, 245 P.3d 578. · cites it 4× “” Section 40-11-2. The UPA authorizes a court to award past or future support for the child as part of the judgment or order that declares the existence of the parent-child relationship.”
Mintz v. Zoernig, 2008-NMCA-162, 198 P.3d 861. “{9} Father argues that because the children were conceived through artificial insemination, Section 40-11-6 of the UPA, entitled “Artificial insemination,” governs. This section states: Any donor of semen provided to a licensed physician for use in artificial insemination of a…”
Gutierrez v. Connick, 2004-NMCA-017, 87 P.3d 552. · cites it 2× “{13} In Mother’s view, allowing Grandparents visitation privileges thwarts the purpose of the Parentage Act. The parent and child relationship, Mother points out, is defined as a “legal relationship .”
Sisneroz ex rel. Angelin G. v. Polanco, 1999-NMCA-039, 975 P.2d 392. “See § 40-11-2 (defining “parent and child relationship” as used in the UPA).”
Diamond v. Diamond, 245 P.3d 578 (N.M. Ct. App. 2010). · cites it 4× “" Section 40-11-2. The UPA authorizes a court to award past or future support for the child as part of the judgment or order that declares the existence of the parent-child relationship.”
Chatterjee v. King, 253 P.3d 915 (N.M. Ct. App. 2011). “{29} Additionally, as stated above, Section 40-11-4 states that a parent and child relationship can be established between a child and a natural mother by proof of the mother having given birth to the child or by some other proof of natural motherhood, as provided for in Section…”
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