reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10C - Uniform Child Abduction Prevention › Section 40-10C-2 - Definitions.

As used in the Uniform Child Abduction Prevention Act:
A. "abduction" means the wrongful removal or wrongful retention of a child;
B. "child" means an unemancipated individual who is less than eighteen years of age;
C. "child-custody determination" means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. "Child-custody determination" includes a permanent, temporary, initial or modification order;
D. "child-custody proceeding" means a proceeding in which legal custody, physical custody or visitation with respect to a child is at issue. "Child-custody proceeding" includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection from domestic violence;
E. "court" means an entity authorized pursuant to the law of a state to establish, enforce or modify a child-custody determination;
F. "petition" includes a motion or its equivalent;
G. "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
H. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. "State" includes a federally recognized Indian nation, tribe or pueblo;
I. "travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation or accommodations. "Travel document" does not include a passport or visa;
J. "wrongful removal" means the taking of a child, which taking breaches rights of custody or visitation given or recognized pursuant to the law of this state; and
K. "wrongful retention" means the keeping or concealing of a child, which keeping or concealing breaches rights of custody or visitation given or recognized pursuant to the law of this state.
History:
Laws 2013, ch. 156, § 2.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10C - Uniform Child Abduction Prevention › Section 40-10C-3 - Cooperation and communication among courts.

Sections 40-10A-110 through 40-10A-112 NMSA 1978 apply to cooperation and communication among courts in proceedings pursuant to the Uniform Child Abduction Prevention Act.
History:
Laws 2013, ch. 156, § 3.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10C - Uniform Child Abduction Prevention › Section 40-10C-4 - Actions for abduction prevention measures.

A. A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
B. A party to a child-custody determination or another individual or entity having a right pursuant to the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child pursuant to the Uniform Child Abduction Prevention Act.
C. A prosecutor or public authority designated pursuant to Section 40-10A-315 NMSA 1978 may seek a warrant to take physical custody of a child pursuant to Section 9 of the Uniform Child Abduction Prevention Act or other appropriate prevention measures.
History:
Laws 2013, ch. 156, § 4.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10C - Uniform Child Abduction Prevention › Section 40-10C-5 - Jurisdiction.

A. A petition pursuant to the Uniform Child Abduction Prevention Act may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue pursuant to the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 40-10A-403 NMSA 1978].
B. A court of this state has temporary emergency jurisdiction pursuant to Section 40-10A-204 NMSA 1978 if the court finds a credible risk of abduction.
History:
Laws 2013, ch. 156, § 5.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10C - Uniform Child Abduction Prevention › Section 40-10C-6 - Contents of petition.

A petition pursuant to the Uniform Child Abduction Prevention Act shall be verified and include a copy of any existing child-custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in Section 7 of the Uniform Child Abduction Prevention Act. Subject to the provisions of Subsection (e) of Section 40-10A-209 NMSA 1978, and if the information is reasonably ascertainable, the petition shall contain:
A. the name, date of birth and gender of the child;
B. the customary address and current physical location of the child;
C. the identity, customary address and current physical location of the respondent;
D. a statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child and the date, location and disposition of the action;
E. a statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking or child abuse or neglect and the date, location and disposition of the case;
F. a statement of whether a party or other individual having custody of the child has sought the assistance of a domestic violence shelter and, if known, the approximate date and name of the person seeking the assistance of the shelter; and
G. any other information required to be submitted to the court for a child-custody determination pursuant to Section 40-10A-209 NMSA 1978.
History:
Laws 2013, ch. 156, § 6.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10C - Uniform Child Abduction Prevention › Section 40-10C-9 - Warrant to take physical custody of child.

A. If a petition pursuant to the Uniform Child Abduction Prevention Act contains allegations that the child is imminently likely to be wrongfully removed and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
B. The respondent on a petition pursuant to Subsection A of this section shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
C. An ex parte warrant pursuant to Subsection A of this section to take physical custody of a child shall:
(1) recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
(2) direct law enforcement officers to take physical custody of the child immediately;
(3) state the date and time for the hearing on the petition; and
(4) provide for the safe interim placement of the child pending further order of the court.
D. If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the national crime information center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking or child abuse or neglect.
E. The petition and warrant shall be served on the respondent when or immediately after the child is taken into physical custody.
F. A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
G. If the court finds, after a hearing, that a petitioner sought an ex parte warrant pursuant to Subsection A of this section for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney fees, costs and expenses.
H. The Uniform Child Abduction Prevention Act does not affect the availability of relief allowed pursuant to the law of this state other than that act.
History:
Laws 2013, ch. 156, § 9.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10C - Uniform Child Abduction Prevention › Section 40-10C-10 - Duration of abduction prevention order.

An abduction prevention order remains in effect until the earliest of:
A. the time stated in the order;
B. the emancipation of the child;
C. the child's attaining eighteen years of age; or
D. the time the order is modified, revoked, vacated or superseded by a court with jurisdiction pursuant to Sections 40-10A-201 through 40-10A-203 NMSA 1978.
History:
Laws 2013, ch. 156, § 10.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10C - Uniform Child Abduction Prevention › Section 40-10C-11 - Uniformity of application and construction.

In applying and construing the Uniform Child Abduction Prevention Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2013, ch. 156, § 11.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10C - Uniform Child Abduction Prevention › Section 40-10C-12 - Relation to Electronic Signatures in Global and National Commerce Act.

The Uniform Child Abduction Prevention Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
History:
Laws 2013, ch. 156, § 12.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10D - Deployed Parents Custody and Visitation › Section 40-10D-1 - Short title.

This act [40-10D-1 to 40-10D-9 NMSA 1978] may be cited as the "Deployed Parents Custody and Visitation Act".
History:
Laws 2014, ch. 4, § 1.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 4, § 10 made Laws 2014, ch. 4, §§ 1 through 9, the Deployed Parents Custody and Visitation Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10D - Deployed Parents Custody and Visitation › Section 40-10D-3 - Residence unchanged by deployment.

A. If a court has issued a temporary order regarding custodial responsibility pursuant to the Deployed Parents Custody and Visitation Act, the residence of the deploying parent is not considered to be changed by reason of the deployment for the purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 40-10A-403 NMSA 1978] during the deployment.
B. If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to the Deployed Parents Custody and Visitation Act, the residence of the deploying parent is not considered to be changed by reason of the deployment for the purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act.
C. If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not considered to be changed by reason of the deployment for the purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act.
History:
Laws 2014, ch. 4, § 3.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 4, § 10 made Laws 2014, ch. 4, §§ 1 through 9, the Deployed Parents Custody and Visitation Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10D - Deployed Parents Custody and Visitation › Section 40-10D-4 - Notification required of deploying parent.

A. Except as otherwise provided in Subsection D of this section and subject to Subsection C of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service.
B. Except as otherwise provided in Subsection D of this section and subject to Subsection C of this section, each parent shall provide in a record the other parent with a plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment.
C. If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment pursuant to Subsection A of this section or notification of a plan for custodial responsibility during deployment pursuant to Subsection B of this section may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
D. Notification in a record under Subsection A or B of this section is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
History:
Laws 2014, ch. 4, § 4.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 4, § 10 made Laws 2014, ch. 4, §§ 1 through 9, the Deployed Parents Custody and Visitation Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10D - Deployed Parents Custody and Visitation › Section 40-10D-5 - Duty to notify of change of address.

A. Except as otherwise provided in Subsection B of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to the Deployed Parents Custody and Visitation Act shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual's mailing address or residence until the custodial responsibility is terminated.
B. If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification pursuant to Subsection A of this section may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.
History:
Laws 2014, ch. 4, § 5.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 4, § 10 made Laws 2014, ch. 4, §§ 1 through 9, the Deployed Parents Custody and Visitation Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10D - Deployed Parents Custody and Visitation › Section 40-10D-6 - General consideration in custody proceeding of parent's military service.

In a proceeding for custodial responsibility of a child of a service member, a court shall not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child.
History:
Laws 2014, ch. 4, § 6.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 4, § 10 made Laws 2014, ch. 4, §§ 1 through 9, the Deployed Parents Custody and Visitation Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10D - Deployed Parents Custody and Visitation › Section 40-10D-7 - Agreement addressing custodial responsibility during deployment; form of agreement.

A. The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment under the Deployed Parents Custody and Visitation Act.
B. A temporary agreement pursuant to Subsection A of this section shall be:
(1) in writing; and
(2) signed by both parents and any nonparent to whom custodial responsibility is granted.
History:
Laws 2014, ch. 4, § 7.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 4, § 10 made Laws 2014, ch. 4, §§ 1 through 9, the Deployed Parents Custody and Visitation Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10D - Deployed Parents Custody and Visitation › Section 40-10D-8 - Nature of authority created by agreement.

A. An agreement under the Deployed Parents Custody and Visitation Act is temporary and terminates pursuant to that act after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority or limited contact in an individual to whom custodial responsibility is given.
B. A nonparent who has caretaking authority, decision-making authority or limited contact by an agreement pursuant to the Deployed Parents Custody and Visitation Act has standing to enforce the agreement until it has been terminated by court order.
History:
Laws 2014, ch. 4, § 8.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 4, § 10 made Laws 2014, ch. 4, §§ 1 through 9, the Deployed Parents Custody and Visitation Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10D - Deployed Parents Custody and Visitation › Section 40-10D-9 - Expedited hearing.

If a motion to grant custodial responsibility is filed pursuant to the Deployed Parents Custody and Visitation Act before a deploying parent deploys, the court shall conduct an expedited hearing.
History:
Laws 2014, ch. 4, § 9.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 4, § 10 made Laws 2014, ch. 4, §§ 1 through 9, the Deployed Parents Custody and Visitation Act, effective July 1, 2014.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-1 - Repealed.

History:
Laws 1986, ch. 47, § 1; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-1 NMSA 1978, as enacted by Laws 1986, ch. 47, § 1, relating to the short title of the act, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-2 - Repealed.

History:
Laws 1986, ch. 47, § 2; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-2 NMSA 1978, as enacted by Laws 1986, ch. 47, § 2, relating to definitions, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-3 - Repealed.

History:
Laws 1986, ch. 47, § 3; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-3 NMSA 1978, as enacted by Laws 1986, ch. 47, § 3, relating to relationships not dependent on marriage, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-4 - Repealed.

History:
Laws 1986, ch. 47, § 4; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-4 NMSA 1978, as enacted by Laws 1986, ch. 47, § 4, relating to how parent and child relationship is established, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-5 - Repealed.

History:
Laws 1986, ch. 47, § 5; 1989, ch. 56, § 1; 1993, ch. 287, § 3; 1997, ch. 237, § 17; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-5 NMSA 1978, as enacted by Laws 1986, ch. 47, § 5, relating to presumption of paternity, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-6 - Repealed.

History:
Laws 1986, ch. 47, § 6; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-6 NMSA 1978, as enacted by Laws 1986, ch. 47, § 6, relating to artificial insemination, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-7 - Repealed.

History:
Laws 1986, ch. 47, § 7; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-7 NMSA 1978, as enacted by Laws 1986, ch. 47, § 7, relating to determination of father and child relationship, who may bring action and when action may be brought, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-8 - Repealed.

History:
Laws 1986, ch. 47, § 8; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-8 NMSA 1978, as enacted by Laws 1986, ch. 47, § 8, relating to jurisdiction and venue, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-9 - Repealed.

History:
Laws 1986, ch. 47, § 9; 1993, ch. 287, § 4; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-9 NMSA 1978, as enacted by Laws 1986, ch. 47, § 9, relating to the parties in an action, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-10 - Repealed.

History:
Laws 1986, ch. 47, § 10; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-10 NMSA 1978, as enacted by Laws 1986, ch. 47, § 10, relating to pre-trial proceedings, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-11 - Repealed.

History:
Laws 1986, ch. 47, § 11; 1993, ch. 287, § 5; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-11 NMSA 1978, as enacted by Laws 1986, ch. 47, § 11, relating to pre-trial recommendations, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-12 - Repealed.

History:
Laws 1986, ch. 47, § 12; 1989, ch. 56, § 2; 1993, ch. 287, § 6; 1997, ch. 237, § 18; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-12 NMSA 1978, as enacted by Laws 1986, ch. 47, § 12, relating to blood and genetic tests, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-13 - Repealed.

History:
Laws 1986, ch. 47, § 13; 1989, ch. 56, § 3; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-13 NMSA 1978, as enacted by Laws 1986, ch. 47, § 13, relating to evidence relating to paternity, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-14 - Repealed.

History:
Laws 1986, ch. 47, § 14; 1997, ch. 237, § 1; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-14 NMSA 1978, as enacted by Laws 1986, ch. 47, § 14, relating to civil action, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-15 - Repealed.

History:
Laws 1986, ch. 47, § 15; 1989, ch. 56, § 4; 1993, ch. 287, § 7; 1997, ch. 237, § 20; 2001, ch. 215, § 1; 2004, ch. 41, § 4; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-15 NMSA 1978, as enacted by Laws 1986, ch. 47, § 15, relating to judgments or orders, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-16 - Repealed.

History:
Laws 1986, ch. 47, § 16; 1989, ch. 56, § 5; 2004, ch. 41, § 5; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-16 NMSA 1978, as enacted by Laws 1986, ch. 47, § 16, relating to costs of action and pretrial proceedings, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-17 - Repealed.

History:
Laws 1986, ch. 47, § 17; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-17 NMSA 1978, as enacted by Laws 1986, ch. 47, § 17, relating to enforcement of judgment or order, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-18 - Repealed.

History:
Laws 1986, ch. 47, § 18; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-18 NMSA 1978, as enacted by Laws 1986, ch. 47, § 18, relating to modification of judgment or order, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-19 - Repealed.

History:
Laws 1986, ch. 47, § 19; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-19 NMSA 1978, as enacted by Laws 1986, ch. 47, § 19, relating to right to counsel, and free transcript on appeal, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-20 - Repealed.

History:
Laws 1986, ch. 47, § 20; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-20 NMSA 1978, as enacted by Laws 1986, ch. 47, § 20, relating to hearings and records, and confidentiality, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-21 - Repealed.

History:
Laws 1986, ch. 47, § 21; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-21 NMSA 1978, as enacted by Laws 1986, ch. 47, § 21, relating to action to declare mother and child relationship, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-22 - Repealed.

History:
Laws 1986, ch. 47, § 22; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-22 NMSA 1978, as enacted by Laws 1986, ch. 47, § 22, relating to birth records, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11 - Uniform Parentage Act (Repealed.) › Section 40-11-23 - Repealed.

History:
Laws 1986, ch. 47, § 23; 1989, ch. 56, § 6; 2004, ch. 41, § 6; repealed by Laws 2009, ch. 215, § 9.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 215, § 19 repealed 40-11-23 NMSA 1978, as enacted by Laws 1986, ch. 47, § 23, relating to limitations, effective January 1, 2010. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
the New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 40-11A-101 - Short title.

Sections 1-101 through 9-903 of this act may be cited as the "New Mexico Uniform Parentage Act".
History:
Laws 2009, ch. 215, § 1-101.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Law reviews.
— For Annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987).
For annual survey of New Mexico family law, see 19 N.M.L. Rev. 692 (1990).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 40-11A-103 - Scope of act; choice of law.

A. The New Mexico Uniform Parentage Act applies to determination of parentage in New Mexico.
B. The district court shall apply the law of New Mexico to adjudicate the parent-child relationship. The applicable law does not depend on:
(1) the place of birth of the child; or
(2) the past or present residence of the child.
C. The New Mexico Uniform Parentage Act does not create, enlarge, modify or diminish parental rights or duties pursuant to the Children's Code [Chapter 32A NMSA 1978] or other law of New Mexico. The definition or use of terms in the New Mexico Uniform Parentage Act shall not be used to interpret, by analogy or otherwise, the same or other terms in the Adoption Act [Chapter 32A, Article 5 NMSA 1978] or other law of New Mexico.
History:
Laws 2009, ch. 215, § 1-103.
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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 40-11A-104 - Jurisdiction.

The district court has jurisdiction to adjudicate parentage pursuant to the New Mexico Uniform Parentage Act. The provisions of the New Mexico Uniform Parentage Act shall not be used to expand personal jurisdiction of the district court over nonresident persons in cases subject to the Uniform Interstate Family Support Act [Chapter 40, Article 6A NMSA 1978].
History:
Laws 2009, ch. 215, § 1-104.
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 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 40-11A-105 - Protection of participants.

Proceedings pursuant to the New Mexico Uniform Parentage Act are subject to other laws of New Mexico governing the health, safety, privacy and liberty of a child or other person who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, social security number and the child's daycare facility and school.
History:
Laws 2009, ch. 215, § 1-105.
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 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 40-11A-106 - Determination of maternity.

Provisions of the New Mexico Uniform Parentage Act relating to determination of paternity apply to determinations of maternity insofar as possible.
History:
Laws 2009, ch. 215, § 1-106.
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 2 - PARENT-CHILD RELATIONSHIP › Section 40-11A-201 - Establishment of parent-child relationship.

A. The mother-child relationship is established between a woman and a child by:
(1) the woman's having given birth to the child;
(2) an adjudication of the woman's maternity; or
(3) adoption of the child by the woman.
B. The father-child relationship is established between a man and a child by:
(1) an unrebutted presumption of the man's paternity of the child pursuant to Section 2-204 of the New Mexico Uniform Parentage Act;
(2) an effective acknowledgment of paternity by the man pursuant to Article 3 of the New Mexico Uniform Parentage Act, unless the acknowledgment has been rescinded or successfully challenged;
(3) an adjudication of the man's paternity;
(4) adoption of the child by the man; or
(5) the man's having consented to assisted reproduction by a woman pursuant to Article 7 of the New Mexico Uniform Parentage Act that resulted in the birth of the child.
History:
Laws 2009, ch. 215, § 2-201.
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.
Evidence establishing consent to assisted reproduction.
— 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, and where petitioner also argued that respondent did not consent to petitioner's insemination procedure as required to establish parentage under the NMUPA's assisted reproduction provisions, the district court erred in ruling that respondent did not consent to assisted reproduction on the grounds that she failed to produce a signed record indicating that she consented to the specific assisted reproduction procedure that resulted in the birth of the children. Respondent signed numerous documents indicating her consent to previous insemination procedures, and the NMUPA does not prevent consideration of any documents signed by the parties before they conceive via assisted reproduction, so long as those documents manifest their intent to be a parent of the resulting child, and the NMUPA also indicates that consent, once given, can remain effective until it is withdrawn.
Soon v. Kammann
, 2022-NMCA-066, cert. granted.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Parental rights of man who is not biological or adoptive father of child but was husband or cohabitant of mother when child was conceived or born, 84 A.L.R.4th 655.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 2 - PARENT-CHILD RELATIONSHIP › Section 40-11A-202 - No discrimination based on marital status.

A child born to parents who are not married to each other has the same rights pursuant to the law as a child born to parents who are married to each other.
History:
Laws 2009, ch. 215, § 2-202.
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 2 - PARENT-CHILD RELATIONSHIP › Section 40-11A-203 - Consequences of establishment of parentage.

Unless parental rights are terminated or extinguished by relinquishment and decree of adoption pursuant to the Children's Code [Chapter 32A NMSA 1978], a parent-child relationship established pursuant to the New Mexico Uniform Parentage Act applies for all purposes, except determinations of parental rights pursuant to the Children's Code or as otherwise provided by other law of New Mexico.
History:
Laws 2009, ch. 215, § 2-203.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
New evidence of paternity.
— Where both a default judgment and a subsequent stipulated judgment determined that respondent was the child's parent and was obligated to pay child support; respondent had requested a paternity test when respondent was served with the petition to determine the child's parentage; respondent signed the stipulated judgment to obtain a driver's license; a paternity test that was administered several years after the stipulated judgment showed that respondent was not the child's biological parent; the child's biological parent had falsely represented to the human service department that respondent was the child's biological parent, but at a hearing several years later, the biological parent named another person as the child's biological parent; the child's biological parents had been deported to Mexico; the child lived with the child's grandparent; and respondent had no personal relationship with the child, under the circumstances, the determination that respondent was not the child's biological parent after respondent's admission that respondent was the child's parent qualified as an extraordinary circumstance under Rule 1-060 NMRA sufficient to permit relief from respondent's obligations to pay accrued and prospective child support.
State ex rel. Human Services Dep't v. Rawls
, 2012-NMCA-052, 279 P.3d 766.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-301 - Acknowledgment of paternity.

The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man's paternity.
History:
Laws 2009, ch. 215, § 3-301.
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-302 - Execution of acknowledgment of paternity.

A. An acknowledgment of paternity shall:
(1) be on a form provided by the bureau;
(2) be signed or otherwise authenticated under penalty of perjury by the mother and by the man seeking to establish his paternity;
(3) state that the child whose paternity is being acknowledged:
(a) does not have a presumed father or has a presumed father whose full name is stated; and
(b) does not have another acknowledged or adjudicated father;
(4) state whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and
(5) state that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years.
B. An acknowledgment of paternity is void if it:
(1) states that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the bureau;
(2) states that another man is an acknowledged or adjudicated father; or
(3) falsely denies the existence of a presumed, acknowledged or adjudicated father of the child.
C. A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
History:
Laws 2009, ch. 215, § 3-302.
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-303 - Denial of paternity.

A presumed father may sign a denial of his paternity. The denial is valid only if:
A. an acknowledgment of paternity signed or otherwise authenticated by another man is filed pursuant to Section 3-305 of the New Mexico Uniform Parentage Act;
B. the denial is on a form provided by the bureau and is signed or otherwise authenticated under penalty of perjury; and
C. the presumed father has not previously:
(1) acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to Section 3-307 of the New Mexico Uniform Parentage Act or successfully challenged pursuant to Section 3-308 of the New Mexico Uniform Parentage Act; or
(2) been adjudicated to be the father of the child.
History:
Laws 2009, ch. 215, § 3-303.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Collateral estoppel in contesting paternity.
— Where paternity has been established in a divorce proceeding, an alleged father is barred under the doctrine of collateral estoppel from later questioning paternity in a proceeding under the Uniform Parentage Act.
Callison v. Naylor
, 1989-NMCA-055, 108 N.M. 674, 777 P.2d 913.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 3 - VOLUNTARY ACKNOWLEDGMENT OF PATERNITY › Section 40-11A-304 - Rules for acknowledgment and denial of paternity.

A. An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed.
B. An acknowledgment of paternity or a denial of paternity may be signed before or after the birth of the child.
C. Subject to Subsection A of this section, an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the bureau, whichever occurs later.
D. An acknowledgment of paternity or denial of paternity signed by a minor is valid if it is otherwise in compliance with the New Mexico Uniform Parentage Act.
History:
Laws 2009, ch. 215, § 3-304.
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-305 - Effect of acknowledgment or denial of paternity.

A. Except as otherwise provided in Sections 3-307 and 3-308 [40-11A-307, 40-11A-308 NMSA 1978] of the New Mexico Uniform Parentage Act, a valid acknowledgment of paternity filed with the bureau is equivalent to an adjudication of paternity of a child.
B. Except as otherwise provided in Sections 3-307 and 3-308 of the New Mexico Uniform Parentage Act, a valid denial of paternity by a presumed father filed with the bureau in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father.
History:
Laws 2009, ch. 215, § 3-305.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.