reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-306 - No filing fee.

The bureau shall not charge for filing an acknowledgment of paternity or denial of paternity.
History:
Laws 2009, ch. 215, § 3-306.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-307 - Proceeding for rescission.

A signatory may rescind an acknowledgment of paternity or denial of paternity only by means of a judicial proceeding to rescind the acknowledgment or denial of paternity. A proceeding to rescind an acknowledgment of paternity or a denial of paternity shall be brought no later than the earlier of:
A. sixty days after the effective date of the acknowledgment or denial, as provided in Section 3-304 of the New Mexico Uniform Parentage Act;
B. in the case of a signatory who was a minor at the time of acknowledgment, the later of:
(1) sixty days after the eighteenth birthday of the signatory; or
(2) sixty days after the effective date of the acknowledgment or denial, as provided in Section 3-304 of the New Mexico Uniform Parentage Act; or
C. the date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
History:
Laws 2009, ch. 215, § 3-307.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-308 - Challenge after expiration of period for rescission.

A. After the period for rescission pursuant to Section 3-307 of the New Mexico Uniform Parentage Act has expired, a signatory to an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:
(1) on the basis of fraud, duress or material mistake of fact; and
(2) within two years after the acknowledgment or denial is filed with the bureau or two years after the eighteenth birthday of the signatory, whichever is later.
B. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.
History:
Laws 2009, ch. 215, § 3-308.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-309 - Procedure for rescission or challenge.

A. Every signatory to an acknowledgment of paternity and any related denial of paternity shall be made a party to a proceeding to rescind or challenge the acknowledgment or denial.
B. For the purpose of rescission of or challenge to an acknowledgment of paternity or denial of paternity, a signatory submits to the personal jurisdiction of the district courts of this state by signing the acknowledgment or denial, effective upon the filing of the document with the bureau.
C. Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the district court shall not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
D. A proceeding to rescind or to challenge an acknowledgment of paternity or denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage pursuant to Article 6 of the New Mexico Uniform Parentage Act.
E. At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court shall order the bureau to amend the birth record of the child, if appropriate.
History:
Laws 2009, ch. 215, § 3-309.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-310 - Ratification barred.

A court or administrative agency conducting a judicial or administrative proceeding shall not ratify an unchallenged acknowledgment of paternity.
History:
Laws 2009, ch. 215, § 3-310.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-311 - Full faith and credit; acknowledgement or denial of paternity.

A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.
History:
Laws 2009, ch. 215, § 3-311.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-312 - Forms for acknowledgment and denial of paternity.

A. The bureau shall prescribe forms for the acknowledgment of paternity and the denial of paternity.
B. A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form.
History:
Laws 2009, ch. 215, § 3-312.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-313 - Release of information.

The bureau may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts and to other agencies as permitted pursuant to the provisions of Chapter 24, Article 14 NMSA 1978.
History:
Laws 2009, ch. 215, § 3-313.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-314 - Adoption of rules.

The bureau may adopt and promulgate rules and forms to implement the provisions of this article.
History:
Laws 2009, ch. 215, § 3-314.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 4 - REGISTRY OF PATERNITY › Section 40-11A-401 - Establishment of registry.

The putative father registry established pursuant to the provisions of Section 32A-5-20 NMSA 1978 is also the registry of paternity established pursuant to the New Mexico Uniform Parentage Act.
History:
Laws 2009, ch. 215, § 4-401.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-501 - Scope of article.

This article governs genetic testing of a person to determine parentage, whether the person:
A. voluntarily submits to testing; or
B. is tested pursuant to an order of the district court or a support-enforcement agency.
History:
Laws 2009, ch. 215, § 5-501.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-502 - Order for testing.

A. Except as otherwise provided in this article and Article 6 of the New Mexico Uniform Parentage Act, the district court shall order the child and other designated persons to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:
(1) alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the persons; or
(2) denying paternity and stating facts establishing a possibility that sexual contact between the persons, if any, did not result in the conception of the child.
B. A support-enforcement agency may order genetic testing only if there is no presumed, acknowledged or adjudicated father.
C. If a request for genetic testing of a child is made before birth, the district court or support-enforcement agency shall not order in-utero testing.
D. If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
History:
Laws 2009, ch. 215, § 5-502.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-503 - Requirements for genetic testing.

A. Genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:
(1) the American association of blood banks or a successor to its functions;
(2) the American society for histocompatibility and immunogenetics or a successor to its functions; or
(3) an accrediting body designated by the federal secretary of health and human services.
B. A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each person undergoing genetic testing.
C. Based on the ethnic or racial group of a person, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory's choice, the following rules apply:
(1) the person objecting may require the testing laboratory, within thirty days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory;
(2) the person objecting to the testing laboratory's initial choice shall:
(a) if the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or
(b) engage another testing laboratory to perform the calculations; and
(3) the testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.
D. If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child pursuant to Section 5-505 [40-11A-505 NMSA 1978] of the New Mexico Uniform Parentage Act, a person who has been tested may be required to submit to additional genetic testing.
E. The retention of material used for genetic testing shall be governed by the provisions of Section 24-21-5 NMSA 1978.
History:
Laws 2009, ch. 215, § 5-503.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-504 - Report of genetic testing.

A. A report of genetic testing shall be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made pursuant to the requirements of this article is self-authenticating.
B. Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
(1) the names and photographs of the persons whose specimens have been taken;
(2) the names of the persons who collected the specimens;
(3) the places and dates the specimens were collected;
(4) the names of the persons who received the specimens in the testing laboratory;
(5) the dates the specimens were received; and
(6) the accreditation of the testing facility showing that it meets the requirements of Section 5-503 of the New Mexico Uniform Parentage Act.
History:
Laws 2009, ch. 215, § 5-504.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-505 - Genetic testing results; rebuttal.

A. Pursuant to the New Mexico Uniform Parentage Act, a man is rebuttably identified as the father of a child if the genetic testing complies with this article and the results disclose that:
(1) the man has at least a ninety-nine percent probability of paternity, using a prior probability of zero point five zero, as calculated by using the combined paternity index obtained in the testing; and
(2) a combined paternity index of at least one hundred to one.
B. A man identified pursuant to Subsection A of this section as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this article that:
(1) excludes the man as a genetic father of the child; or
(2) identifies another man as the possible father of the child.
C. Except as otherwise provided in Section 5-510 of the New Mexico Uniform Parentage Act, if more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father.
History:
Laws 2009, ch. 215, § 5-505.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Admissibility or compellability of blood test to establish testee's nonpaternity for purpose of challenging testee's parental rights, 87 A.L.R.4th 572.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-506 - Costs of genetic testing.

A. Subject to assessment of costs pursuant to Article 6 of the New Mexico Uniform Parentage Act, the cost of initial genetic testing shall be advanced:
(1) by a support-enforcement agency in a proceeding in which the support-enforcement agency is providing services;
(2) by the person who made the request;
(3) as agreed by the parties; or
(4) as ordered by the district court.
B. In cases in which the cost is advanced by the support-enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.
History:
Laws 2009, ch. 215, § 5-506.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-507 - Additional genetic testing.

Prior to a final adjudication, the district court or the support-enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child pursuant to Section 5-505 of the New Mexico Uniform Parentage Act, the court or agency shall not order additional testing unless the party provides advance payment for the testing.
History:
Laws 2009, ch. 215, § 5-507.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-508 - Genetic testing when specimens not available.

A. Subject to Subsection B of this section, if a genetic-testing specimen is not available from a man who may be the father of a child, upon notice and after an opportunity for a hearing, and for good cause and under circumstances the court considers to be just, the court may order the following persons to submit specimens for genetic testing:
(1) the parents of the man;
(2) brothers and sisters of the man;
(3) other children of the man and their mothers; and
(4) other relatives of the man necessary to complete genetic testing.
B. Issuance of an order pursuant to this section requires a finding that a need for genetic testing outweighs the legitimate interests of the person sought to be tested.
History:
Laws 2009, ch. 215, § 5-508.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-509 - Deceased person.

For good cause shown, the district court may order genetic testing of a deceased person.
History:
Laws 2009, ch. 215, § 5-509.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-510 - Identical brothers.

A. The district court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.
B. If each brother satisfies the requirements as the identified father of the child pursuant to Section 5-505 of the New Mexico Uniform Parentage Act without consideration of another identical brother being identified as the father of the child, the district court may rely on nongenetic evidence to adjudicate which brother is the father of the child.
History:
Laws 2009, ch. 215, § 5-510.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 5 - GENETIC TESTING › Section 40-11A-511 - Confidentiality of genetic testing.

A. Release of the report of genetic testing for parentage may be released only to the parties tested or their representatives, the support-enforcement agency and the court.
B. A person who intentionally releases an identifiable specimen of another person for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the person who furnished the specimen is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 2009, ch. 215, § 5-511.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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-601 - Proceeding authorized.

A civil proceeding may be maintained in the district court to adjudicate the parentage of a child. The proceeding is governed by the Rules of Civil Procedure for the District Courts [Rule1-001 NMRA]. The mother of the child and an alleged father or presumed father are competent to testify. Any witness may be compelled to testify.
History:
Laws 2009, ch. 215, § 6-601.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Cross references.
— For provisions relating to the determination of paternity when death occurs during proceedings for dissolution of marriage, separation, annulment of marriage or paternity,
see
40-4-20 NMSA 1978.
For provisions relating to the establishment of a parent-child relationship for purposes of intestate succession,
see
45-2-115 through 45-2-122 NMSA 1978 of the Uniform Probate Code.
Law Reviews.
— For note, "Collateral Estoppel as a Bar to Post-Divorce Litigation of Paternity -
Tedford v. Gregory
," see 30 N.M.L. Rev. 95 (2000).
2023 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-603 - Parties to proceeding.

The following persons shall be joined as parties in a proceeding to adjudicate parentage:
A. the mother of the child; and
B. a man whose paternity of the child is to be adjudicated.
History:
Laws 2009, ch. 215, § 6-603.
ANNOTATIONS
Effective 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.
2023 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-604 - Personal jurisdiction.

A. A person shall not be adjudicated to be a parent unless the district court has personal jurisdiction over the person.
B. A district court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident person, or the guardian or conservator of the person, if the conditions prescribed in Section 40-6A-201 NMSA 1978 are fulfilled.
C. Lack of jurisdiction over one person does not preclude the district court from making an adjudication of parentage binding on another person over whom the district court has personal jurisdiction.
History:
Laws 2009, ch. 215, § 6-604.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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-605 - Venue.

Venue for a proceeding to adjudicate parentage is in the county of this state in which:
A. the child resides or is found;
B. the respondent resides or is found if the child does not reside in this state; or
C. a proceeding for probate or administration of the presumed, acknowledged or alleged father's estate is pending.
History:
Laws 2009, ch. 215, § 6-605.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective 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).
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective 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).
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Results of genetic testing are required to rebut the presumption of parentage.
— 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, the district court erred in ruling in favor of petitioner and adjudicating respondent not to be a parent of the children, because, under § 40-11A-204 NMSA 1978, respondent is presumed to be a parent of the children by virtue of their birth during her marriage to petitioner, and petitioner failed to rebut this presumption by offering genetic testing results showing that respondent has no genetic relation to the children. Based on the NMUPA's plain language, history, and purpose, the evidentiary requirement, set out in Subsection A of this section, must be applied strictly, and a parentage presumption cannot be rebutted in the absence of admissible results of genetic testing.
Soon v. Kammann
, 2022-NMCA-066, cert. granted.
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).
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.