N.M. Stat. » N.M. Stat. / Chapter 45 / Article 2
New Mexico Statutes

N.M. Stat. § 45-2-115 (2026)

Definitions.

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As used in Subpart 2 of Part 1 of Article 2 of the Uniform Probate Code:

   A. "adoptee" means an individual who is adopted;
    B. "assisted reproduction" means a method of causing pregnancy other than sexual
intercourse;

  C. "divorce" includes an annulment, dissolution and declaration of invalidity of a
marriage;

   D. "functioned as a parent of the child" means behaving toward a child in a manner
consistent with being the child's parent and performing functions that are customarily
performed by a parent, including fulfilling parental responsibilities toward the child,
recognizing or holding out the child as the individual's child, materially participating in
the child's upbringing and residing with the child in the same household as a regular
member of that household;

   E. "genetic father" means the man whose sperm fertilized the egg of a child's
genetic mother. If the father-child relationship is established under the presumption of
paternity pursuant to Paragraph (1), (2) or (3) of Subsection B of Section 40-11A-201
NMSA 1978, the term means only the man for whom that relationship is established;

    F. "genetic mother" means the woman whose egg was fertilized by the sperm of a
child's genetic father;

   G. "genetic parent" means a child's genetic father or genetic mother;

   H. "incapacity" means the inability of an individual to function as a parent of a child
because of the individual's physical or mental condition; and

   I. "relative" means a grandparent or a descendant of a grandparent.

History: 1978 Comp., § 45-2-115, enacted by Laws 2011, ch. 124, § 13.

                                     ANNOTATIONS

Effective dates. — Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 13 effective
January 1, 2012.
Notes of Decisions
Cited in 2 cases, 2015–2015 · leading case: State ex rel. Child., Youth & Families Dep't v. Christina L., 2015-NMCA-115, 362 P.3d 155.
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State ex rel. Child., Youth & Families Dep't v. Christina L., 2015-NMCA-115, 362 P.3d 155. · cites it 2× “]” NMSA 1978, § 45-2-115(H) (2011). In construing a similar term, the Nebraska Supreme Court distinguished “mental deficiency” from “mental illness” in defining mental deficiency as “an impairment in learning capacity such that one is unable to profit from instruction and…”
State ex rel. CYFD v. Christina L., No. 34,061 (N.M. Ct. App. Aug. 20, 2015). · cites it 2× “In construing a similar term, the 11 1 Nebraska Supreme Court distinguished “mental deficiency” from “mental illness” in 2 defining mental deficiency as “an impairment in learning capacity such that one is 3 unable to profit from instruction and acquire parenting skills.”
N.M. Stat. § 45-2-115(H): 2 cases
State ex rel. Child., Youth & Families Dep't v. Christina L., 2015-NMCA-115, 362 P.3d 155. “]” NMSA 1978, § 45-2-115(H) (2011). In construing a similar term, the Nebraska Supreme Court distinguished “mental deficiency” from “mental illness” in defining mental deficiency as “an impairment in learning capacity such that one is unable to profit from instruction and…”
State ex rel. CYFD v. Christina L., No. 34,061 (N.M. Ct. App. Aug. 20, 2015). “In construing a similar term, the 11 1 Nebraska Supreme Court distinguished “mental deficiency” from “mental illness” in 2 defining mental deficiency as “an impairment in learning capacity such that one is 3 unable to profit from instruction and acquire parenting skills.”
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