N.M. Code R. § 8.26.3.8 – Rules of Construction

A. The definitions in the act shall apply to the regulations.
B. References to the act: The Adoption Act Regulations (hereafter Regulations) shall reference the section of the act for which they are promulgated. Hereafter, all references to the act shall only reference the section in place of the full citation.
C. Format of the regulations: The format of the regulations follows the act. Additionally, the following special areas of adoption are included as Section 44 through 47 [now 8.26.3.44 NMAC through 8.26.3.47 NMAC] respectively:
(1) adoption of an Indian child;
(2) interstate compact on the placement of children;
(3) adoption of a foreign born child; and
(4) reproductive alternatives.
D. Words importing the singular number may be extended to several persons or things. Words importing the plural number may be applied to one person or thing. See NMSA 1978, Section 12-2-2.
E. The words “shall” and “will” are mandatory and “may” is permissive or discretionary. See Section 12-2-2 NMSA 1978.
F. Nothing in the regulations is intended to supersede any federal statute, compact or regulation. Reference to applicable federal statutes, compacts and regulations is necessary for adoptions involving a foreign born child, Indian child, interstate adoption, etc. Failure to comply with applicable federal statutes, compacts and regulations may invalidate an adoption decree.
[01/01/98; Recompiled 11/30/01]