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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
PairTree Home Study
The Modern Way to Home Study
Adoption Attorneys in New Mexico
8 Adoption Agencies in NM
2 
AAAA Attorneys in NM
Academy of Adoption & Assisted Reproduction Attorneys
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
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Can adoptive parents advertise for birth parents?
Yes, but attorneys do not advertise for birth parents for potential adopters.
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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 parentâs own behalf and who has a current, approved preplacement study as required by the department
Adoption Law Info
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Who Can Adopt?
Any resident of New Mexico with the courtâs approval or a married couple jointly may adopt. A married individual may adopt without his/her spouse if the adopting parent is the adopteeâs stepparent, is legally separated, or if the adopting parentâs spouse is excused by the court for a reasonable circumstance. Nonresidents may adopt if the adoptee was born in New Mexico and is being placed by a Dept. or agency licensed in New Mexico.
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Can out-of-state residents finalize an adoption?
Yes, using a New Mexico agency; not for independent adoption.
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Can adopting parents use an adoption facilitator or another paid intermediary?
Yes, but adopting parents may only use a child-placing agency as an adoption facilitator.
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What birth parent expenses may be paid, and in what time period?
Medical, legal, counseling, living (including travel). Up to 6 weeks postpartum.
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When does consent become irrevocable? If consent is revoked, is return to birth parent automatic?
After signing.
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Qualifications for Adoptive Parents for adoption
Citation: Admin. Code § 8.26.4.12
All adoptive applicants are assessed for their suitability to care for children who might be placed in their home.
In addition to a criminal records check and abuse and neglect checks, the applicants shall provide proof of the applicantâs
U.S. citizenship such as a Social Security card, or proof of permanent residency such as a green card.
Home Study Info
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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 petitionerâs 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 childâs parents
• Full disclosure to the petitioner
• An exploration of the petitionersâ 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 petitionerâs health as it relates to the petitionerâs 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 petitionerâs emotional and physical health and ability to shelter, feed, clothe, and educate the adoptive child
• Verification of the petitionerâs 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 applicantâs 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 petitionerâs family
• The petitionerâs 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 petitionerâs 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 childâs 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.