N.M. Code R. § 8.26.3.15 – Who May Be Adopted; Who May Adopt

A. See Section 32A-5-11 NMSA 1978.
B. Any child may be adopted.
C. A petition for adoption may be filed in New Mexico by any adult who meets one of the following criteria:
(1) Resident: The petitioner is a resident as defined in the act in Section 32A-5-3(S) NMSA 1978; or
(2) Non-resident: The petitioner may be a non-resident only if the child was placed by the department or a New Mexico licensed child placement agency and the adoptee is a resident of New Mexico or was born in New Mexico, but is less than six months of age.
D. Any individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Act may adopt. In determining the suitability of a prospective adoptive parent, stability of the petitioner’s immediate family unit relationships should be emphasized. The recommended guideline for the duration of the family unit is two years prior to placement of the adoptee with the prospective adoptive family although in some circumstances a shorter period of time may be acceptable if approved by the court.
E. A married individual may adopt without the individual’s spouse joining in the adoption if the non-joining spouse is the parent of the adoptee, or if the spouses are legally separated, or if the failure of the non-joining spouse is excused for reasonable cause as determined by the court.
[01/01/98; Recompiled 11/30/01]