New Mexico statutes state that any child may be adopted. This is a broad category to include not only foster children, but private adoptions or stepparent adoptions. The rules for when an individual may petition to adopt a child are more specific. If you are a resident of the state of New Mexico who is considering adoption, you must meet one of the following additional requirements: You must be an individual approved by a New Mexico court as a suitable adoptive parent, and If you are married but your spouse is NOT joining in the adoption, you are permitted to continue with the adoption if either: Your spouse is a parent of the adopted person (i.e. you are completing a stepparent adoption); You and your spouse are legally separated; or The court has excused your spouse’s failure to join in the adoption for reasonable circumstances. If you are not a resident of New Mexico, you may still be eligible to file for adoption if the adoptee is a resident of New Mexico or was born in New Mexico and is less than 6 months old, and the adoptee was placed through the State or a licensed adoption agency.