reglab/housing_qa huggingface dataset:
NM Stat § 40-11A-606 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 1 - Nature of Proceeding|Section 40-11A-606 - No limitation; child having no presumed, acknowledged or adjudicated father.

A. A proceeding to adjudicate the parentage of a child having no presumed, acknowledged or adjudicated father may be commenced by the child at any time, even after: (1) the child becomes an adult; or (2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect. B. A proceeding to adjudicate child support pursuant to Subsection A of this section is limited by Sections 6-607 and 6-636 of the New Mexico Uniform Parentage Act. History: Laws 2009, ch. 215, § 6-606. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010. Adult child. — Twenty-year-old child was "interested party" under 40-11-7 NMSA 1978, and therefore entitled to bring action for paternity and past child support under the Uniform Parentage Act. State ex rel. Salazar v. Roybal, 1998-NMCA-093, 125 N.M. 471, 963 P.2d 548, cert. denied, 125 N.M. 322, 961 P.2d 167. This article authorizes an adult daughter to pursue a cause of action for retroactive child support against her alleged father, in conjunction with a paternity action, prior to her twenty-first birthday. Tedford v. Gregory, 1998-NMCA-067, 125 N.M. 206, 959 P.2d 540, cert. denied, 125 N.M. 147, 958 P.2d 105. Suit need not commence before putative father's death. — Statute does not require children who were fathered outside of marriage to bring support action before their father died in order to make support claims against the estate. Kesterson v. DeLara, 2002-NMCA-004, 131 N.M. 430, 38 P.3d 198, cert. denied, 131 N.M. 564, 40 P.3d 1008. Collateral estoppel. — Daughter's claim for paternity and retroactive child support was not barred by collateral estoppel, as she was neither a party to the divorce proceeding nor in privity with her mother as to the original decree; however, mother's husband was barred by collateral estoppel from asserting a claim for reimbursement of child support expenses. Tedford v. Gregory, 1998-NMCA-067, 125 N.M. 206, 959 P.2d 540, cert. denied, 125 N.M. 147, 958 P.2d 105. Law reviews. — Annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987).
NM Stat § 40-11A-607 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 1 - Nature of Proceeding|Section 40-11A-607 - Limitation; general.

A. Any proceeding to adjudicate child support shall be brought not later than three years after the child has reached the age of majority. B. Except as otherwise specifically provided in another provision of the New Mexico Uniform Parentage Act, any proceeding to adjudicate the parentage of a child shall be commenced not later than three years after the child has reached the age of majority. History: Laws 2009, ch. 215, § 6-607. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010. Applicability. — This article's twenty-one-year statute of limitations applies to claims for paternity and for claims for past child support based on such paternity. State ex rel. Salazar v. Roybal, 1998-NMCA-093, 125 N.M. 471, 963 P.2d 548, cert. denied, 125 N.M. 322, 961 P.2d 167. Action for back child support. — The trial court erred in applying the "catch-all" statute of limitations of 37-1-4 NMSA 1978 to a cause of action for back child support. Rather, in order to effectuate the purposes of this act, the applicable statute of limitations for support proceedings is that of this section. Padilla v. Montano, 1993-NMCA-127, 116 N.M. 398, 862 P.2d 1257. Retroactive support. — This article authorized an adult daughter to pursue a cause of action for retroactive child support against her alleged father, in conjunction with a paternity action, prior to her twenty-first birthday. Tedford v. Gregory, 1998-NMCA-067, 125 N.M. 206, 959 P.2d 540, cert. denied, 125 N.M. 147, 958 P.2d 105. Department without standing after child reaches majority. — The department's child support enforcement division could not bring action for paternity and past child support on behalf of twenty-year-old child; although such action could be maintained by the child, its outcome had no bearing upon the department, and therefore department had no standing. State ex rel. Salazar v. Roybal, 1998-NMCA-093, 125 N.M. 471, 963 P.2d 548, cert. denied, 125 N.M. 322, 961 P.2d 167.
NM Stat § 40-11A-608 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 1 - Nature of Proceeding|Section 40-11A-608 - Authority to deny motion for genetic testing.

A. In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the district court may deny a motion seeking an order for genetic testing of the mother, the child and the presumed or acknowledged father if the district court determines that: (1) the conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and (2) it would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father. B. In determining whether to deny a motion seeking an order for genetic testing pursuant to this section, the district court shall consider the best interest of the child, including the following factors: (1) the length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father; (2) the length of time during which the presumed or acknowledged father has assumed the role of father of the child; (3) the facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity; (4) the nature of the relationship between the child and the presumed or acknowledged father; (5) the age of the child; (6) the harm that may result to the child if presumed or acknowledged paternity is successfully disproved; (7) the nature of the relationship between the child and any alleged father; (8) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and (9) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child. C. In a proceeding involving the application of this section, a minor or incapacitated child shall be represented by a guardian ad litem. D. Denial of a motion seeking an order for genetic testing shall be based on clear and convincing evidence. E. If the district court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed or acknowledged father to be the father of the child. History: Laws 2009, ch. 215, § 6-608. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-609 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 1 - Nature of Proceeding|Section 40-11A-609 - Limitation; child having acknowledged or adjudicated father.

A. If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed pursuant to Section 3-307 or 3-308 of the New Mexico Uniform Parentage Act. B. If a child has an acknowledged father or an adjudicated father, a person, other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child shall commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication. C. A proceeding pursuant to this section is subject to the application of the principles of estoppel established in Section 6-608 of the New Mexico Uniform Parentage Act. History: Laws 2009, ch. 215, § 6-609. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-610 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 1 - Nature of Proceeding|Section 40-11A-610 - Joinder of proceedings.

A. Except as otherwise provided in Subsection B of this section, a proceeding to adjudicate parentage may be joined with a proceeding in the district court for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation or separate maintenance, probate or administration of an estate or other appropriate proceeding. B. A respondent shall not join a proceeding described in Subsection A of this section with a proceeding to adjudicate parentage brought pursuant to the Uniform Interstate Family Support Act. History: Laws 2009, ch. 215, § 6-610. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-611 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 1 - Nature of Proceeding|Section 40-11A-611 - Proceeding before birth.

A proceeding to determine parentage may be commenced before the birth of the child, but shall not be concluded until after the birth of the child. The following actions may be taken before the birth of the child: A. service of process; B. discovery; and C. except as prohibited by Section 5-502 of the New Mexico Uniform Parentage Act, collection of specimens for genetic testing. History: Laws 2009, ch. 215, § 6-611. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-612 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 1 - Nature of Proceeding|Section 40-11A-612 - Child as party; representation.

A. A minor child is a permissible party, but is not a necessary party to a proceeding pursuant to this article. B. The district court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the district court finds that the interests of the child are not adequately represented. History: Laws 2009, ch. 215, § 6-612. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010. Child not automatically party. — Nothing in the statute indicates that a child is automatically a party by virtue of the fact that a child could benefit from the proceedings. Webb v. Menix, 2004-NMCA-048, 135 N.M. 531, 90 P.3d 989. Am. Jur. 2d, A.L.R. and C.J.S. references. — Necessity or propriety of appointment of independent guardian for child who is subject to paternity proceedings, 70 A.L.R.4th 1033.
NM Stat § 40-11A-622 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 2 - Special Rules for Proceeding to Adjudicate Parentage|Section 40-11A-622 - Consequences of declining genetic testing.

A. An order for genetic testing is enforceable by contempt. B. If a person whose paternity is being determined declines to submit to genetic testing ordered by the district court, the district court for that reason may adjudicate parentage contrary to the position of the person who declines. C. Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the district court may order the testing of the child and every man whose paternity is being adjudicated. History: Laws 2009, ch. 215, § 6-622. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-623 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 2 - Special Rules for Proceeding to Adjudicate Parentage|Section 40-11A-623 - Admission of paternity authorized.

A. A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing. B. If the district court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the district court shall issue an order adjudicating the child to be the child of the man admitting paternity. History: Laws 2009, ch. 215, § 6-623. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-624 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 2 - Special Rules for Proceeding to Adjudicate Parentage|Section 40-11A-624 - Temporary order.

A. In a proceeding pursuant to this article, the district court shall issue a temporary order for support of a child if the order is appropriate and the person ordered to pay support is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated; (3) identified as the father through genetic testing pursuant to Section 5-505 of the New Mexico Uniform Parentage Act; (4) an alleged father who has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be the father of the child; or (6) the mother of the child. B. A temporary order may include provisions for custody and visitation as provided by other law of this state. A temporary order of support is subject to Section 6-636 of the New Mexico Uniform Parentage Act. History: Laws 2009, ch. 215, § 6-624. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-625 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 2 - Special Rules for Proceeding to Adjudicate Parentage|Section 40-11A-625 - Pretrial proceedings.

As soon as practicable after an action to declare the existence or nonexistence of a father-child relationship has been brought, and unless judgment by default has been entered, an informal hearing shall be held. The court may order that the hearing be held before a master. The public shall be barred from the hearing. A record of the proceeding or any portion of the proceeding shall be kept if any party requests or the court so orders. The rules of evidence shall not apply. History: Laws 2009, ch. 215, § 6-625. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010. Law reviews. — Annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987).
NM Stat § 40-11A-626 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 2 - Special Rules for Proceeding to Adjudicate Parentage|Section 40-11A-626 - Pretrial recommendations.

A. On the basis of the information produced at the pretrial hearing, the judge, hearing officer or master conducting the hearing shall evaluate the probability of determining the existence or nonexistence of a father-child relationship in a trial. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties. Based upon the evaluation, the judge, hearing officer or master may enter an order for temporary support consistent with the child-support guidelines as provided in Section 40-4-11.1 NMSA 1978. B. If the parties accept a recommendation made in accordance with Subsection A of this section, judgment shall be entered accordingly. C. If a party refuses to accept a recommendation made in accordance with Subsection A of this section and genetic testing has not been taken, the court shall require the parties to submit to genetic testing, if practicable. Thereafter, the judge, hearing officer or master shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action shall be set for trial and a party's acceptance or rejection of the recommendation shall be treated as any other offer of settlement with respect to its admissibility as evidence in subsequent proceedings. D. The child's guardian may accept or refuse to accept a recommendation under this section. E. The informal hearing may be terminated and the action set for trial if the judge, hearing officer or master conducting the hearing finds it unlikely that all parties would accept a recommendation that the judge, hearing officer or master might make under Subsection A or C of this section. History: Laws 2009, ch. 215, § 6-626. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-631 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-631 - Rules for adjudication of paternity.

The district court shall apply the following rules to adjudicate the paternity of a child: A. the paternity of a child having a presumed, acknowledged or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child; B. unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child pursuant to Section 5-505 of the New Mexico Uniform Parentage Act shall be adjudicated the father of the child; C. if the district court finds that genetic testing pursuant to Section 5-505 of the New Mexico Uniform Parentage Act neither identifies nor excludes a man as the father of a child, the district court shall not dismiss the proceeding. In that event, the results of genetic testing and other evidence are admissible to adjudicate the issue of paternity; and D. unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing shall be adjudicated not to be the father of the child. History: Laws 2009, ch. 215, § 6-631. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010. Law reviews. — For article, "Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Restraints," see 15 N.M.L. Rev. 407 (1985). For annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987).
NM Stat § 40-11A-632 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-632 - Jury prohibited.

The district court, without a jury, shall adjudicate paternity of a child. History: Laws 2009, ch. 215, § 6-632. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010. No right to jury trial. — In a paternity proceeding the putative father is not entitled to a jury trial because such right did not exist at common law or by statute at the time the New Mexico Constitution was adopted. State ex rel. Human Servs. Dep't v. Aguirre, 1990-NMCA-083, 110 N.M. 528, 797 P.2d 317. Am. Jur. 2d, A.L.R. and C.J.S. references. — Paternity proceedings: right to jury trial, 51 A.L.R.4th 565.
NM Stat § 40-11A-633 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-633 - Hearings; inspection of records.

A. On request of a party and for good cause shown, the district court may close a proceeding to the public and except for a final order, may declare the proceeding to be confidential and seal the file. B. A final order in a proceeding pursuant to this article is available for public inspection. Other papers and records are available only with the consent of the parties or on order of the district court for good cause. C. The provisions of this section are subject to any rules established by the supreme court of New Mexico. History: Laws 2009, ch. 215, § 6-633. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-634 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-634 - Order on default.

The district court shall issue an order adjudicating the paternity of a man who: A. after service of process, is in default; and B. is found by the district court to be the father of a child. History: Laws 2009, ch. 215, § 6-634. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-635 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-635 - Dismissal for want of prosecution.

The district court may issue an order dismissing a proceeding commenced pursuant to the New Mexico Uniform Parentage Act for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice. History: Laws 2009, ch. 215, § 6-635. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.