N.M. Code R. § 8.26.3.19 – Termination of Parental Rights

A. See Sections 32A-5-15 and 32A-5-16 NMSA 1978.
B. Initiation of termination of parental rights action: A termination of parental rights (hereafter TPR) action may be initiated by:
(1) a separate action prior to the filing of the petition for adoption;
(2) simultaneously with the petition for adoption; or
(3) subsequent to the filing of the petition for adoption by motion in the adoption proceeding.
C. A TPR action shall be served in accordance with the rules of civil procedure for the district courts for service of a civil action in this state with the exception that the department may be served by certified mail.
D. Full disclosure: Reasonable efforts shall be made to obtain full disclosure in a termination of parental rights proceeding.
E. Indian child: If the adoptee is an Indian child, also see Section 44 [now 8.26.3.44 NMAC].
[01/01/98; Recompiled 11/30/01]