1. A. The intended parent or parents shall consent to the assisted reproduction in a record signed before, on or after the day of birth of the child or in an oral agreement entered into before conception by each intended parent.
2. B. The absence of evidence required pursuant to Subsection A of this section does not preclude a finding of parentage if the person resided with the child after birth and openly held out the child as the person's own jointly with the birthing parent.

3. C. All papers relating to the assisted reproduction, whether part of a court, medical or any other file, are subject to inspection only upon an order of the district court or with the consent, in a signed record of:

   1. (1) the donor or donors; and
   2. (2) the parent or parents who consented to the assisted reproduction pursuant to Subsection A of this section or a child who was born as a result of the assisted reproduction pursuant to Subsection A of this section if the child is eighteen years of age or older.

History: Laws 2009, ch. 215, § 7-704; 2025, ch. 15, § 7.

ANNOTATIONS

The 2025 amendment, effective June 20, 2025, revised the requirements to demonstrate consent to assisted reproduction; in Subsection A, after "record signed" deleted "by them before the placement of the eggs, sperm or embryos. Donors shall also consent to an assisted reproduction before retrieval of the donors' eggs or sperm" and added "before, on or after the day of birth of the child or in an oral agreement entered into before conception by each intended parent"; in Subsection B, after the subsection designation, deleted "Failure of a parent to sign a consent required by" and added "The absence of evidence required pursuant to", after "finding of parentage if the" deleted "parent during the first two years of the child's life" and added "person", after "with the child" added "after birth", and after "person's own" added "jointly with the birthing parent".

Applicability. — Laws 2025, ch. 15, § 8 provided that Laws 2025, ch. 15 apply to actions commenced on or after June 20, 2025.

Substantial compliance with written consent requirement. — In a proceeding for dissolution of marriage, although no signed document of consent to artificial insemination was introduced, verified pleadings by the husband and wife acknowledging the husband as the child's natural father constituted substantial compliance with the requirements of this section. Lane v. Lane, 1996-NMCA-023, 121 N.M. 414, 912 P.2d 290, cert. denied, 121 N.M. 375, 911 P.2d 883.

Evidence establishing consent to assisted reproduction. — Where, in divorce proceedings, petitioner challenged respondent’s standing to adjudicate parentage under the New Mexico Uniform Parentage Act (NMUPA), §§ 40-11A-101 to -903 NMSA 1978, because respondent was not biologically or genetically related to the children, and where petitioner also argued that respondent did not consent to petitioner’s insemination procedure as required to establish parentage under the NMUPA’s assisted reproduction provisions, the district court erred in ruling that Respondent did not consent to assisted reproduction on the grounds that she failed to produce a signed record indicating that she consented to the specific assisted reproduction procedure that resulted in the birth of the children. Respondent signed numerous documents indicating her consent to previous insemination procedures, and the NMUPA does not prevent consideration of any documents signed by the parties before they conceive via assisted reproduction, so long as those documents manifest their intent to be a parent of the resulting child, and the NMUPA also indicates that consent, once given, can remain effective until it is withdrawn. Soon v. Kammann, 2022-NMCA-066, cert. granted.

Law reviews. — For annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987).