2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-13 - Independent adoptions; request for placement; placement order; certification.

A. When a placement order is required, the petitioner shall file a request with the court to allow the placement. An order permitting the placement shall be obtained prior to actual placement.
B. Only a pre-placement study that has been prepared or updated within one year immediately prior to the date of placement, approving the petitioner as an appropriate adoptive parent, shall be filed with the court prior to issuance of a placement order, except as provided in Subsection C of Section 32A-5-12 NMSA 1978.
C. In order for a person to be certified to conduct pre-placement studies, the person shall meet the standards promulgated by the department.
D. The pre-placement study shall be conducted by an agency or a person certified by the department to conduct the study. A person or agency that wants to be certified to perform pre-placement studies shall file documents verifying their qualifications with the department. The department shall publish a list of persons or agencies certified to conduct a pre-placement study. If necessary to defray additional costs associated with compiling the list, the department may assess and charge a reasonable administrative fee to the person or agency listed.
E. When a person or agency that wants to be certified to perform pre-placement studies files false documentation with the department, the person or agency shall be subject to the provisions of Section 32A-5-42 NMSA 1978.
F. A request for placement shall be filed and verified by the petitioner and shall allege:
(1) the full name, age and place and duration of residence of the petitioner and, if married, the place and date of marriage;
(2) the date and place of birth of the adoptee, if known, or the anticipated date and place of birth of the adoptee;
(3) a detailed statement of the circumstances and persons involved in the proposed placement;
(4) if the adoptee has been born, the address where the adoptee is residing at the time of the request for placement;
(5) if the adoptee has been born, the places where the adoptee has lived within the past three years and the names and addresses of the persons with whom the adoptee has lived. If the adoptee is in the custody of an agency or the department, the address shall be the address of the agency or the county office of the department from which the child was placed;
(6) the existence of any court orders that are known to the petitioner and that regulate custody, visitation or access to the adoptee, copies of which shall be attached to the request for placement as exhibits; if copies of any such court orders are unavailable at the time of filing the request for placement, the copies shall be filed prior to the issuance of the order of placement;
(7) that the petitioner desires to establish a parent and child relationship between the petitioner and the adoptee and that the petitioner is a fit and proper person able to care and provide for the adoptee's welfare;
(8) the relationship, if any, of the petitioner to the adoptee;
(9) whether the adoptee is subject to the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978], and, if so, the petition shall allege the actions taken to comply with the Indian Family Protection Act and all other allegations required pursuant to that act;
(10) whether the adoption is subject to the Interstate Compact on the Placement of Children [32A-11-1 NMSA 1978] and what specific actions have been taken to comply with the Interstate Compact on the Placement of Children; and
(11) the name, address and telephone number of the agency or investigator who has agreed to do the pre-placement study.
G. The request for placement shall be served on all parties entitled to receive notice of the filing of a petition for adoption, as provided in Section 32A-5-27 NMSA 1978. An order allowing placement may be entered prior to service of the request for placement.
H. A hearing and the court decision on the request for placement shall occur within thirty days of the filing of the request.
I. As part of any court order authorizing placement under this section, the court shall find whether the pre-placement study complies with Section 32A-5-14 NMSA 1978 and that the time requirements concerning placement set forth in this section have been met.
History:
1978 Comp., § 32A-5-13, enacted by Laws 1993, ch. 77, § 140; 1995, ch. 206, § 31; 2001, ch. 162, § 2; 2005, ch. 189, § 61; 2022, ch. 41, § 59.
ANNOTATIONS
Cross references.
— For the federal Indian Child Welfare Act of 1978,
see
25 U.S.C. § 1901.
The 2022 amendment,
effective July 1, 2022, removed a provision related to Indian children which is now covered by the Indian Family Protection Act, and required that a request for placement set forth whether the adoptee is subject to the Indian Family Protection Act, and, if so, the request must set forth the actions taken to comply with the Indian Family Protection Act; in Subsection C, deleted "If the child is an Indian child, the person shall meet the standards set forth in the federal Indian Child Welfare Act of 1978"; and in Subsection F, Paragraph F(9) deleted two occurrences of "federal Indian Child Welfare Act of 1978" and added "Indian Family Protection Act.
Applicability.
— Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022, ch. 41 apply to all cases filed on or after July 1, 2022.
The 2005 amendment,
effective June 17, 2005, in Subsection B, provided that only a pre-placement study that has been prepared or updated within one year immediately prior to the date of placement shall be filed with the court.
The 2001 amendment,
effective June 15, 2001, in Subsection A, deleted the former second sentence, which read "The request shall be filed at least thirty days prior to an adoptive placement in an independent adoption proceeding"; inserted the last sentence of Subsection G; and deleted the former last two sentences of Subsection H, which contained provisions for scheduling a hearing sooner than thirty days after filing a request.
The 1995 amendment,
effective July 1, 1995, substituted "32A-5-12" for "32-5-12" in Subsection B, substituted "subject to" for "sentenced pursuant to" and "32A-5-42" for "32-5-42" in Subsection E, substituted "32A-5-27" for "32-5-27" in Subsection G, substituted "32A-5-14" for "32-5-14" in Subsection I, and made minor stylistic changes throughout the section.
Failure to file a petition for adoption.
— The failure to file a petition for adoption is not jurisdictional and does not render an adoption decree void.
In re Adoption of Rebecca M.
, 2008-NMCA-038, 143 N.M. 554, 178 P.3d 839.
Requirement to set forth information.
— Former Section 40-7-34 NMSA 1978 required that an affidavit setting forth certain facts be filed with the petition. In this case, those facts were set forth in the petition itself, and the petition was verified by the adoptive parents. This constituted compliance with the statute.
In re Adoption of Francisco A.
, 1993-NMCA-144, 116 N.M. 708, 866 P.2d 1175.