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Adopting in New Mexico

Adoption in New Mexico

New Mexico is a very adoption-friendly state. They are also one of the more birth-mother friendly states, as contact agreements are enforceable there. They allow adoptive families to financially support birth-mothers for medical, hospital, nursing, travel, and other birth related expenses; counseling related to the adoption; and living expenses for the birth mother and child, for a "reasonable time" before and after the baby is born. Fun side note: New Mexico is absolutely stunning - and home to two amazing national parks, White Sands and Carlsbad Caverns.

Home Study Providers in New Mexico

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Adoption Attorneys in New Mexico

8 Adoption Agencies in NM

2 AAAA Attorneys in NM

Academy of Adoption & Assisted Reproduction Attorneys

  • Attorney
    Harold O. Atencio
    6312 Montano Road NW, Ste A
    Albuquerque, NM 87120
    505) 839-9111
    (505) 839-0888
    hal@pklegalgrp.com
    Services Offered Assisted Reproduction, Contested Adoption, Domestic Adoption, Grandparent Representation, Intercountry Adoption, Interstate (ICPC) Adoption, Mediation, Special Needs Children, LGBT Family Formation, Private Networking, Egg Donation, Embryo Donation, Sperm Donation, Surrogacy
  • Attorney
    Lisa H. Olewine
    Albuquerque, NM
    (505) 858-3316
    ADOPTIONLAW@msn.com
    Services Offered Assisted Reproduction, Domestic Adoption, Grandparent Representation, Intercountry Adoption, Interstate (ICPC) Adoption, Mediation, Special Needs Children, LGBT Family Formation, Egg Donation, Embryo Donation, Sperm Donation, Surrogacy
  • Agency
    A Baby Step Adoption
    340 Morgantown Road
    Suite 2
    Reading, PA 19611
    (610) 376-9742
    info@ababystepadoption.com
    Services Offered A Baby Step Adoption Agency is led by an AAAA Director with over 30 years of legal and adoption experience. Our agency specializes in full service, newborn baby adoption throughout the United States.
  • Attorney
    Murphy Francy PLLC
    2217 E. Skelly Dr.
    Tulsa, OK 74105
    (918) 895-8200
    courtney@murphyfrancy.com
    Services Offered Our firm focuses on families. We build families through adoptions, guardianships, foster care, and surrogacy. We choose to practice family law because we whole-heartedly believe that there is nothing more important.
  • Attorney
    Adoptions First LLP
    1100 Glendon Ave
    Floor 15
    Los Angeles, CA 90024
    (800) 658-8284
    info@adoptionsfirst.com
    Services Offered Adoptions First has provided the most caring and professional adoption services for over 30 years. Since 1988 we have dedicated our services & experience to adoptive parents and birth parents. Adoption is not only our work. It is our passion, our personal stories, and our life’s calling.
  • Agency
    Adopt America
    111 N.E. 1st Street, Suite 902
    Miami, FL 33132
    (305) 984-2154
    info@adoptamerica411.com
    Services Offered Adopt America is a licensed child placement agency in the State of Florida. We provide home study services mainly to residents of S. Florida and some other locations throughout Florida. We offer placement services when we are working with a designated birthmother/birth parents but no waiting list.
  • Agency
    Caring Adoptions
    11601 Katy Freeway
    Suite 222
    Houston, TX 77079
    (281) 920-4300
    info@caringadoptions.org
    Services Offered Caring Adoptions is a full service adoption agency that has been finding families for children since 1991. Although located in Houston, Caring Adoptions works with Birthmothers throughout Texas, and Adoptive Parents throughout Texas and the United States.
  • Agency
    A Mother's Choice Adoption Agency
    1356 NM 236
    Portales, NM 88130
    (575) 356-5372
    social.services@nmcch.org

Traveling For Your Adoption in New Mexico

Length of ICPC
in New Mexico

1-30 days

Email: CYFD.NMICPC@state.nm.us

New Mexico adheres to the Interstate Compact On The Placement of Children (ICPC) – a uniform law in all 50 States that establishes procedures for the interstate placement of children. The ICPC also places specific responsibilities on those involved in placing the children. The three principle goals of the ICPC are to:

Protect the children being placed.
Ensure that they receive the services they need.
Facilitate permanent placements for those children who are in state custody

Adoption Law FAQ in New Mexico

Advertising Law Info

  • Can adoptive parents advertise for birth parents?
    Yes, but attorneys do not advertise for birth parents for potential adopters.
  • State Advertising Code of Law
    Citation: Ann. Stat. § 32A-5-42.2

    This section does not apply to:

    1) The Children, Youth and Families Department or a person authorized to act on behalf of the department

    2) An agency licensed by the department

    3) An investigator or counselor

    4) An attorney licensed in the State who advertises legal services relating to adoption

    5) A prospective adoptive parent who is acting alone on the prospective adoptive parent’s own behalf and who has a current, approved preplacement study as required by the department

Adoption Law Info

Home Study Info

  • Elements of a Home Study for Adoption
    Citation: Ann. Stat. §§ 32A-5-14; 32A-5-14.1
    The preplacement study shall include at a minimum the following:
    • An individual interview with each petitioner
    • A joint interview with both petitioners
    • A home visit that includes an interview with the petitioner’s children and any other permanent residents of the home
    • An interview with the adoptive child, if age appropriate
    • An individual interview with each of the adoptive child’s parents
    • Full disclosure to the petitioner
    • An exploration of the petitioners’ philosophy concerning discussion of adoption issues with the adoptive child
    • The initiation of a criminal records check of each petitioner
    • A medical certificate dated no more than 1 year prior to any adoptive placement assessing the petitioner’s health as it relates to the petitioner’s ability to care for the adoptive child
    • A minimum of three letters of reference from individuals named by the petitioner
    • A statement of the capacity and readiness of the petitioner for parenthood and the petitioner’s emotional and physical health and ability to shelter, feed, clothe, and educate the adoptive child
    • Verification of the petitioner’s employment, financial resources, and marital status
    • A report of a medical examination performed on the adoptive child within 1 year prior to the proposed adoptive placement
    • A statement of the results of any prior preplacement study
    A fingerprint-based nationwide criminal history records check shall be conducted on a person who files a petition to adopt a child.
  • Grounds for Withholding Approval for Adoption
    Citation: Admin. Code §§ 8.26.4.19: 8.8.3.13
    An applicant’s request for licensure may be denied based on a documented professional assessment that the applicant cannot adequately provide safety, permanency, and well-being for children.
    For the purpose of these regulations, the following information shall result in a conclusion that the applicant is an unreasonable risk:
    • A conviction for a felony or a misdemeanor involving moral turpitude and the criminal conviction directly relates to whether the applicant can provide a safe, responsible, and morally positive setting
    • A conviction for a felony or a misdemeanor involving moral turpitude and the criminal conviction does not directly relate to whether the applicant can provide a safe, responsible, and morally positive setting if the department determines that the applicant so convicted has not been sufficiently rehabilitated
    • A conviction, regardless of the degree of the crime or the date of the conviction, of trafficking in controlled substances, criminal sexual penetration, related sexual offenses, or child abuse
    • A substantiated referral, regardless of the date, for sexual abuse or for neglect characterized by a failure to protect against sexual abuse
  • When Home Studies Must Be Completed for Adoption
    Citation: Ann. Stat. § 32A-5-13
    A preplacement study that has been prepared or updated within 1 year immediately prior to the date of placement, approving the petitioner as an appropriate adoptive parent, shall be filed with the court prior to issuance of a placement order.
  • Postplacement Study Requirements for Adoption
    Citation: Ann. Stat. § 32A-5-31; Admin. Code § 8.26.3.32
    A postplacement report shall include the following:
    • The interaction between the adoptive child and petitioner
    • The adjustment of the child since placement
    • The integration and acceptance of the child in the petitioner’s family
    • The petitioner’s ability to meet the physical and emotional needs of the child
    • Whether the adoptive home is a suitable home for the child
    • Whether the adoption is in the best interests of the child
    • The type and frequency of postplacement services given to the petitioner
    The postplacement report shall contain an evaluation of the proposed adoption with a recommendation as to the granting of the petition for adoption.
    The investigation for the postplacement report shall be conducted by the department, an agency, or an investigator. The department, agency, or investigator shall observe the adoptive child and interview the petitioner in the petitioner’s home as soon as possible after the receipt of notice of the action, but in any event within 30 days. For an adoptive child who is younger than age 1 at the time of placement, a written report with the court within 60 days from receipt of notice of the proceeding. For an adoptive child who is age 1 or older at the time of placement, the written report shall be filed within 120 days.
    In regulation: Appropriate postplacement services shall be provided to the adoptive child and the prospective adoptive family from the time of the child’s placement until the postplacement report is filed. At a minimum, the following services shall be provided:
    • Contact shall be made with the prospective adoptive family personally or by telephone within 48 hours after placement.
    • A home visit shall be made within 3 working days of placement.
    • Additional visits shall be made every other month thereafter until the postplacement report is filed.

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