ADOPTION IN
New Mexico
Domestic Infant Adoptions can be completed through an adoption agency or adoption attorney. Click here to connect with an adoption professional.
International Adoptions must be completed through an accredited adoption agency or attorney. You can learn more about international adoption here.
Foster Care Adoptions in New Mexico can be completed through the Children, Youth, and Families Department.
Gallery of children waiting to be adopted.
Join the New Mexico adoption group in our community!
The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.
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Can I Adopt in New Mexico?
Applicants must be 18 years old or older. You can be single, married, or divorced. While parents do not need perfect health, they must show healthy enough physically and mentally to raise a child. You must be a resident of New Mexico, be willing to pass a fingerprint criminal record check, and complete 32 hours of preservice training. Applicants must complete a home study as well.
What Adoption Regulations Exist in New Mexico?
Advertising: Only licensed adoption agencies may select an adoptive family for the adoptee. The exchange of information regarding a potential adoptee or adoptive family is not prohibited. § 32A-5-42(A)
Relinquishment: Parents must wait at least 48 hours after birth to give consent to an adoption. Consent can only be revoked before the final adoption decree if the court finds that the consent was obtained by fraud. § 32A-5-21(I); 32A-5-17; 32A-5-21(G)
Birth parent expenses: A prospective adoptive parent may make payments for the following adoption related services: medical, hospital, nursing, travel, and other birth related expenses; counseling related to the adoption; living expenses for the birth mother and child, for a reasonable time before and after birth or placement; legal services for parents consenting to an adoption; expenses as a result of full disclosure. Living expenses must end 6 weeks after the child’s birth. § 32A-5-34(B)
Post-adoption contact agreements: Contact agreements are legally enforceable in New Mexico. The court retains jurisdiction after the final adoption decree for the purpose of hearing motions to enforce or modify the agreement. § 32A-5-35
Birth father rights: Unmarried fathers wishing to receive notice of adoption proceedings in New Mexico can register their information with the Department of Health’s putative father registry. § 32A-5-20
Finalization: Out of 315 adoptions completed in 2014, the average time between TPR and adoption finalization was 14.8 months. (acf.hhs.gov)
Is Adoption Assistance Available in New Mexico?
Many of the children waiting to be adopted in New Mexico have special needs. Federal (Title IV-E) and state (non-IV-E) programs exist to help adoptive parents meet their child’s needs. In New Mexico, the maximum monthly amount ranges from $483-720. For more information please visit NACAC.org
Can I adopt a Child from another country?
It is always possible to adopt a child from another country, even if you live in the United States. Children under 18 adopted from a Hague Convention country entering the U.S. with an IH-3 visa may automatically receive U.S. citizenship.
Children adopted from a non convention country must qualify as orphans before receiving U.S. citizenship. When U.S. citizens finalize an adoption abroad, they must apply to the USCIS for an IR-3 visa for the child. An IR-3 visa classifies the child as an immigrant and may provide the child with citizenship upon arrival in the States.
In New Mexico, adoptive parents wishing to receive a State birth certificate for their child must submit written documents such as validation or a foreign adoption decree or readoption papers.
State Contacts
Gallery of children waiting to be adopted: https://adoption.com/photolisting?page=1&search_type=region&range=UnitedStates
State subsidy contact:
Jason DeHerrera
Children, Youth & Families Department
Adoption Subsidy Supervisor
P.O. Drawer 5160
Santa Fe, NM 87502
Phone: 505-827-8413
Fax: 505-476-5490
Email: jason.deherrera@state.nm.us
Summary
Adoptions in New Mexico can be completed through the Children, Youth, and Families Department.
Applicants must be 18 years old or older. You can be single, married, or divorced. You must complete 32 hours of training. Parents must complete a home study.
Only licensed adoption agencies may select an adoptive family for the adoptee. Parents must wait at least 48 hours after birth to give consent. Consent can only be revoked before the final adoption decree if the court finds that the consent was obtained by fraud.
A prospective adoptive parent may make payments for the following adoption related services: medical, hospital, nursing, travel, and other birth related expenses; counseling; living expenses; legal services for parents consenting to an adoption; expenses as a result of full disclosure.
Contact agreements are legally enforceable. Unmarried fathers wishing to receive notice of adoption proceedings can register with the putative father registry.
