reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13A - Uniform Interstate Enforcement of Domestic Violence Protection Orders › Section 40-13A-4 - Nonjudicial enforcement of foreign protection order.

A. A New Mexico law enforcement officer, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a New Mexico tribunal. Presentation of a foreign protection order that identifies both the protected individual and the respondent and that, on its face, appears to be in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, a protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
B. If a foreign protection order is not presented, a New Mexico law enforcement officer may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
C. If a New Mexico law enforcement officer determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
D. Registration or filing of a foreign protection order in New Mexico is not required for the enforcement of a valid foreign protection order pursuant to the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
History:
Laws 2013, ch. 47, § 4.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was effective July 1, 2013.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13A - Uniform Interstate Enforcement of Domestic Violence Protection Orders › Section 40-13A-5 - Registration of foreign protection order.

A. A person may register a foreign protection order in New Mexico. To register a foreign protection order, a person shall present to the clerk of the district court:
(1) a copy of the foreign protection order that has been certified by the issuing tribunal; and
(2) an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the foreign protection order is currently in effect.
B. The clerk shall register the foreign protection order in accordance with this section. After the foreign protection order is registered, the clerk shall furnish to the person registering the order a certified copy of the registered order and shall send a copy of the registered order to the local law enforcement agency. The clerk shall not notify the respondent that the foreign protection order has been registered in New Mexico unless requested to do so by the protected individual.
C. A registered foreign protection order that is inaccurate or is not currently in effect shall be corrected or removed from the tribunal's records in accordance with New Mexico law.
D. A foreign protection order registered under the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act may be entered in any state or federal registry of protection orders in accordance with applicable law.
E. A fee shall not be charged for the registration of a foreign protection order.
History:
Laws 2013, ch. 47, § 5.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was effective July 1, 2013.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13A - Uniform Interstate Enforcement of Domestic Violence Protection Orders › Section 40-13A-6 - Limits on internet publication.

A state agency, court or political subdivision of the state, including a magistrate or municipal court, judicial district, law enforcement agency, county, municipality or home-rule municipality, shall not make available publicly on the internet any information regarding the registration of, filing of a petition for or issuance of a protection order, restraining order or injunction pursuant to the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, whether the filing or issuance occurred in New Mexico or any other state. However, the provisions of the preceding sentence shall not apply to a filing or issuance on the New Mexico state judiciary's statewide case management and e-filing system, but the address of a protected person shall be redacted from any such filing or issuance. A state agency, court or political subdivision may share court-generated and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes.
History:
Laws 2013, ch. 47, § 6.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was effective July 1, 2013.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13A - Uniform Interstate Enforcement of Domestic Violence Protection Orders › Section 40-13A-7 - Other remedies.

A protected individual who pursues remedies under the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act is not precluded from pursuing other legal or equitable remedies against the respondent.
History:
Laws 2013, ch. 47, § 7.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was effective July 1, 2013.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13A - Uniform Interstate Enforcement of Domestic Violence Protection Orders › Section 40-13A-8 - Uniformity of application and construction.

In applying and construing the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact that act.
History:
Laws 2013, ch. 47, § 8.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was effective July 1, 2013.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13A - Uniform Interstate Enforcement of Domestic Violence Protection Orders › Section 40-13A-9 - Transitional provision.

The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act applies to protection orders issued before July 1, 2013 and to continuing actions for enforcement of foreign protection orders commenced before July 1, 2013. A request for enforcement of a foreign protection order made on or after July 1, 2013 for violations of a foreign protection order occurring before July 1, 2013 is governed by the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
History:
Laws 2013, ch. 47, § 9.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was effective July 1, 2013.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13B - Confidential Substitute Address › Section 40-13B-1 - Short title.

Chapter 40, Article 13B NMSA 1978 may be cited as the "Confidential Substitute Address Act".
History:
Laws 2018, ch. 40, § 1; 2023, ch. 39, § 92.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided the statutory reference for the Confidential Substitute Address Act; deleted "This act" and added "Chapter 40, Article 13B NMSA 1978".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13B - Confidential Substitute Address › Section 40-13B-2 - Definitions.

As used in the Confidential Substitute Address Act:
A. "agency" means an agency of the state or of a political subdivision of the state;
B. "applicant" means a person who submits an application to participate in the confidential substitute address program;
C. "application assistant" means a person who works or volunteers for a domestic violence or sexual assault program and who assists in preparing an application for the confidential substitute address program;
D. "confidential substitute address" means an address designated for a participant by the secretary of state pursuant to the Confidential Substitute Address Act;
E. "delivery address" means the address where an applicant or a participant receives mail, and it may be the same as the person's residential address;
F. "domestic violence" means "domestic abuse", as defined in the Family Violence Protection Act [Chapter 40, Article 13 NMSA 1978];
G. "participant" means a person certified to participate in the confidential substitute address program pursuant to the Confidential Substitute Address Act;
H. "public record" means "public records", as defined in the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]; and
I. "residential address" means the street address where an applicant or participant resides or will relocate.
History:
Laws 2018, ch. 40, § 2.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 40, § 11 made Laws 2018, ch. 40, § 2 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13B - Confidential Substitute Address › Section 40-13B-3 - Confidential substitute address program; application.

A. The "confidential substitute address program" is created in the office of the secretary of state to provide a process by which a victim of domestic violence may protect the confidentiality of the victim's residential and delivery addresses in public records.
B. An applicant, with the assistance of an application assistant, shall submit an application to the secretary of state on a form prescribed by the secretary of state. The application assistant's signature shall serve as recommendation that the applicant participate in the confidential substitute address program.
C. An application shall be signed and dated by the applicant and the application assistant and shall include:
(1) the applicant's name;
(2) the applicant's statement that the applicant fears for the safety of the applicant, the applicant's child or another person in the applicant's household because of a threat of immediate or future harm;
(3) the applicant's statement that the disclosure of the applicant's residential or delivery address would endanger the applicant, the applicant's child or another person in the applicant's household;
(4) the applicant's statement that the applicant has confidentially relocated in the past ninety days or will relocate within the state in the next ninety days;
(5) a designation of the secretary of state as the applicant's agent for the purpose of receiving mail, deliveries and service of process, notice or demand;
(6) the names and ages of those persons in the applicant's household who will also be participants in the program if the applicant is admitted into the program. Each person in an applicant's household listed in the application shall be considered a separate participant in the program;
(7) the applicant's residential and delivery addresses, if different, the confidentiality of which the applicant seeks to protect;
(8) the applicant's telephone number and email address; and
(9) the applicant's statement under penalty of perjury that the information contained in the application is true.
History:
Laws 2018, ch. 40, § 3; 2023, ch. 39, § 93.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, amended the confidential substitute address program to include members of an applicant's household; and in Subsection C, added a new Paragraph C(6) and redesignated former Paragraphs C(6) through C(8) as Paragraphs C(7) through C(9), respectively.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13B - Confidential Substitute Address › Section 40-13B-4 - Secretary of state; duties; service on participant.

A. The secretary of state shall:
(1) certify applicants whose applications comply with the requirements of the Confidential Substitute Address Act to participate in the confidential substitute address program;
(2) upon certification with respect to each participant:
(a) issue a confidential substitute address identification card;
(b) designate a confidential substitute address that shall be used in place of the participant's residential or delivery address by state and local government agencies;
(c) receive mail and deliveries sent to a participant's confidential substitute address and forward the mail and deliveries to the participant's delivery address at no charge to the participant;
(d) accept service of process, notice or demand that is required or permitted by law to be served on the participant and immediately forward the process, notice or demand to the participant's delivery address at no charge to the participant; and
(e) maintain records of the following that are received and forwarded by the secretary of state: 1) a participant's certified and registered mail; and 2) any process, notice or demand that is served on a participant; and
(3) administer the provisions of the Intimate Partner Violence Survivor Suffrage Act [1-6C-1 to 1-6C-9 NMSA 1978] to ensure that a participant who is eligible to vote in this state is able to be securely registered to vote and to automatically receive a ballot for each election.
B. Service made pursuant to the provisions of this section is perfected three days after it is accepted by the secretary of state.
History:
Laws 2018, ch. 40, § 4; 2019, ch. 226, § 10.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, required the secretary of state to implement the provisions of the Intimate Partner Violence Survivor Suffrage Act; added Paragraph A(3).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13B - Confidential Substitute Address › Section 40-13B-5 - Agencies; use of confidential substitute address; public records.

A. A participant shall:
(1) contact each agency that requests or uses an address; and
(2) provide the agency with a copy of the participant's confidential substitute address identification card.
B. Agencies that receive copies of confidential substitute address identification cards submitted pursuant to this section shall use the participant's confidential substitute address for all purposes.
C. A school district shall use a participant's confidential substitute address as the participant's address of record and, if necessary, shall verify a student's enrollment eligibility with the secretary of state.
D. A county clerk shall transfer all records related to a participant's voter registration to the secretary of state pursuant to the provisions of the Intimate Partner Violence Survivor Suffrage Act [1-6C-1 to 1-6C-9 NMSA 1978].
E. A participant's residential or delivery address, telephone number and email address that are maintained by an agency are not public records and shall not be disclosed pursuant to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] while a person is a participant.
History:
Laws 2018, ch. 40, § 5; 2019, ch. 226, § 11.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, required the county clerk to transfer all records related to a participant's voter registration to the secretary of state pursuant to the provisions of the Intimate Partner Violence Survivor Suffrage Act; added a new Subsection D and redesignated former Subsection D as Subsection E.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13B - Confidential Substitute Address › Section 40-13B-6 - Change of participant name, address or telephone number; requirements.

A. A participant shall notify the secretary of state within ten days of legally changing the participant's name and shall provide the secretary of state with a certified copy of documentation of the legal name change.
B. A participant shall notify the secretary of state within ten days of a change to the participant's residential address, delivery address, telephone number or email address.
C. A participant shall notify the secretary of state within ten days if a new person in the participant's household needs to become a participant in the program.
History:
Laws 2018, ch. 40, § 6; 2023, ch. 39, § 94.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that a participant in the confidential substitute address program shall notify the secretary of state within ten days if a new person in the participant's household needs to become a participant in the program; and added Subsection C.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13B - Confidential Substitute Address › Section 40-13B-7 - Participant decertification.

A. A participant shall be decertified from the confidential substitute address program if:
(1) the participant submits a request to withdraw from the confidential substitute address program to the secretary of state;
(2) the participant fails to notify the secretary of state of a legal name change or a change to the participant's residential address, delivery address, telephone number or email address;
(3) mail that is forwarded by the secretary of state to the participant's delivery address is returned as undeliverable; or
(4) the participant does not comply with the provisions of the Intimate Partner Violence Survivor Suffrage Act [1-6C-1 to 1-6C-9 NMSA 1978].
B. If the secretary of state determines that one or more of the causes for decertification provided in Subsection A of this section exist, the secretary of state shall send notice of the participant's decertification to the participant's delivery and residential addresses and shall attempt to notify the participant by telephone and email. The participant shall be given ten days from the date of decertification to appeal the decertification.
C. A person who is decertified from the confidential substitute address program shall not continue to use the person's confidential substitute address.
D. For six months after a participant has been decertified, the secretary of state shall forward mail and deliveries to an address provided by the former participant. Upon receipt of mail and deliveries pursuant to this subsection, a former participant shall provide an updated address to the sender.
History:
Laws 2018, ch. 40, § 7; 2023, ch. 39, § 95.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that a participant in the confidential substitute address program shall be decertified if the participant does not comply with the provisions of the Intimate Partner Violence Survivor Suffrage Act; and in Subsection A, added Paragraph A(4).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13B - Confidential Substitute Address › Section 40-13B-9 - Rules.

The secretary of state shall promulgate rules, including rules regarding records and confidentiality retention, to implement the provisions of the Confidential Substitute Address Act.
History:
Laws 2018, ch. 40, § 9.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 40, § 11 made Laws 2018, ch. 40, § 9 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-1 - Short title.

This act [40-14-1 to 40-14-15 NMSA 1978] may be cited as the "Adult Adoption Act".
History:
Laws 1993, ch. 296, § 1.
ANNOTATIONS
Cross references.
— For the Adoption Act,
see
Chapter 32A, Article 5 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-2 - [Definitions.]

As used in the Adult Adoption Act:
A. "adoptee" means any adult who is the subject of an adoption petition;
B. "adult" means any individual who is eighteen years of age or older;
C. "court" means the district court;
D. "parent" means the biological or adoptive parent;
E. "person" means an individual;
F. "petitioner" means any person who signs a petition to adopt under the Adult Adoption Act; and
G. "resident" means a person who, immediately prior to filing an adoption petition, has lived in the state for at least six months or a person who has become domiciled in the state by establishing legal residence with the intention of maintaining the residence indefinitely.
History:
Laws 1993, ch. 296, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-4 - Venue.

A. A petition for adoption may be filed in any county where:
(1) a petitioner resides; or
(2) the adoptee resides.
B. A court that has jurisdiction under the Adult Adoption Act may decline to exercise jurisdiction any time before entering a decree if the court finds that under the circumstances of the case it is an inconvenient forum to make a determination. In that case, the court shall transfer the proceedings on any conditions that are just.
History:
Laws 1993, ch. 296, § 4.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-5 - Who may be adopted; who may adopt.

A. Any adult may be adopted.
B. Residents who are one of the following may adopt:
(1) any adult who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adult Adoption Act; or
(2) a married adult, without the spouse of the married adult joining in the adoption if:
(a) the non-joining spouse is a parent of the adoptee;
(b) the adult who is adopting and the non-joining spouse are legally separated; or
(c) the failure of the non-joining spouse to join in the adoption is excused for reasonable circumstances as determined by the court.
History:
Laws 1993, ch. 296, § 5.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-6 - Consent to the adoption.

A. Consent to the adoption shall be required of the adoptee or a person legally authorized to consent on behalf of the adoptee if the adoptee is incapacitated and unable to consent to the adoption.
B. A consent shall be in writing, signed by the adoptee and shall state the following:
(1) the date, place and time of execution;
(2) the date and place of birth of the adoptee and any names by which the adoptee has been known;
(3) the name of the petitioner;
(4) that the adoptee has been advised of the legal consequences of the adoption by independent legal counsel or a judge;
(5) that consent to an adoption cannot be withdrawn;
(6) that the adoptee is voluntarily and unequivocally consenting to the adoption; and
(7) that the adoptee has received or been offered a copy of the consent.
C. In cases when the consent is in English and English is not the first language of the consenting person, the person taking the consent shall certify in writing that the document has been read and explained to the person whose consent is being taken in that person's first language, by whom the document was read and explained and that the meaning and implications of the document are fully understood by the person giving the consent.
D. A consent to adoption shall be signed before and approved by a judge who has jurisdiction over adoption proceedings, within or without this state, and who is in the jurisdiction in which the adoptee or the petitioner resides.
E. The consent shall be filed with the court in which the petition for adoption has been filed before adjudication of the petition.
F. In its discretion, the court may order counseling.
G. A consent to adoption shall not be withdrawn prior to the entry of a decree of adoption unless the court finds, after notice and an opportunity to be heard is given to the petitioner and the adoptee, that the consent was obtained by fraud. In no event shall a consent or relinquishment be withdrawn after the entry of a decree of adoption.
History:
Laws 1993, ch. 296, § 6.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-7 - Petition; content.

A petition for adoption shall be filed and verified by the petitioner and shall allege:
A. the full name, age and place and duration of residence of the petitioner and, if married, the place and date of marriage; the date and place of any prior marriage, separation or divorce; and the name of any present or prior spouse;
B. the date and place of birth of the adoptee;
C. the birth name of the adoptee, any other names by which the adoptee has been known and the adoptee's proposed new name;
D. where the adoptee is residing at the time of the filing of the petition;
E. that the petitioner desires to establish a parent and child relationship between himself and the adoptee;
F. the relationship, if any, of the petitioner to the adoptee;
G. whether the adoptee is foreign born, and if so, copies of the adoptee's passport and United States visa shall be attached as exhibits to the petition;
H. the length and nature of the relationship between the petitioner and the adoptee and the degree of kinship, if any;
I. the reason the adoption is sought;
J. the names and addresses of any living parents or children of the adoptee;
K. a statement as to why the adoption would be in the best interests of the petitioner, the adoptee and the public; and
L. whether the petitioner or the petitioner's spouse has previously adopted any other adult person and, if so, the name of the person and the date and place of the adoption.
History:
Laws 1993, ch. 296, § 7.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-9 - Notice of petition; service; waiver.

A. A copy of the petition for adoption shall be served by the petitioner on the following individuals, unless receipt of a copy of the petition has been previously waived in writing:
(1) the adoptee;
(2) the parents of the adoptee;
(3) the legally appointed conservator or guardian of the adoptee;
(4) the spouse of any petitioner who has not joined in the petition;
(5) the spouse of the adoptee;
(6) the surviving parent of a deceased parent of the adoptee; and
(7) any other person designated by the court.
B. The notice shall state that the person served shall respond to the petition within twenty days if the person intends to contest the adoption and shall also state that failure to respond in a timely manner will be treated as a default.
C. Provision of notice for the adoptee and the legally appointed conservator or guardian of the adoptee shall be made pursuant to the Rules of Civil Procedure for the District Courts.
D. As to any other person for whom notice is required under Subsection A of this section, service by certified mail, return receipt requested, is sufficient. If the service cannot be completed after two attempts, the court shall issue an order providing for service by publication.
E. The notice required by this section may be waived in writing by the person entitled to notice.
F. Proof of service of the notice on all persons for whom notice is required shall be filed with the court prior to any hearing that affects the rights of those persons.
History:
Laws 1993, ch. 296, § 9.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-10 - Response to petition.

A. Any person who responds to a notice of petition for adoption shall file a verified response to the petition within the time limits set forth in Section 12 of the Adult Adoption Act.
B. The verified response shall be made pursuant to the Rules of Civil Procedure for the District Courts and, in addition, shall allege the relationship, if any, of the respondent to the adoptee.
History:
Laws 1993, ch. 296, § 10.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-11 - Appointment of attorney for incompetent adoptee.

Upon motion of any party, or upon the court's own motion, the court may appoint an attorney for an adoptee whom the court finds to be incompetent. Payment for the appointed attorney shall be assessed against the parties in the court's discretion.
History:
Laws 1993, ch. 296, § 11.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-12 - Adjudication; disposition; decree of adoption.

A. The court shall conduct a hearing on the petition for adoption. The petitioner and the adoptee shall attend the hearing, unless the court waives a party's appearance for good cause shown by the party. As used in this subsection, "good cause" includes burdensome travel requirements.
B. The petitioner shall present and prove each allegation set forth in the petition for adoption by clear and convincing evidence.
C. The court shall grant a decree of adoption if it finds that the petitioner has proved by clear and convincing evidence that:
(1) the court has jurisdiction to enter a decree of adoption affecting the adoptee;
(2) the adoptee has consented to the adoption;
(3) service of the petition for adoption has been made or dispensed with as to all persons entitled to notice;
(4) at least thirty days have passed since the filing of the petition for adoption;
(5) the petitioner is a suitable adoptive parent and the best interests of the petitioner, adoptee and the public are served by the adoption; and
(6) if the adoptee is foreign born, the adoptee is legally free for adoption.
D. In addition to the findings set forth in Subsection C of this section, the court, in any decree of adoption, shall make findings with respect to each allegation of the petition.
E. If the court determines that any of the findings for a decree of adoption have not been met or that the adoption is not in the best interests of the petitioner, adoptee or the public, the court shall deny the petition.
F. The decree of adoption shall include the new name of the adoptee and shall not include any other name by which the adoptee has been known or the names of the former parents. The decree of adoption shall order that from the date of the decree, the adoptee shall be the child of the petitioner and accorded the status set forth in Section 13 [40-14-13 NMSA 1978] of the Adult Adoption Act.
G. A decree of adoption shall be entered within six months of the filing of the petition.
H. A decree of adoption may not be attacked upon the expiration of one year from the date of the entry of the decree.
History:
Laws 1993, ch. 296, § 12.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-13 - Status of adoption and petitioner upon entry of decree of adoption.

A. Once adopted, an adoptee shall take a name agreed upon by the petitioner and the adoptee and approved by the court.
B. After adoption, the adoptee and the petitioner shall sustain the legal relation of parent and child as if the adoptee were the biological child of the petitioner and the petitioner were the biological parent of the child. The adoptee shall have all rights and be subject to all the duties of that relation, including the right of inheritance from and through the petitioner, and the petitioner shall have all rights and be subject to all duties of that relation, including the right of inheritance from and through the adoptee.
History:
Laws 1993, ch. 296, § 13.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-14 - Birth certificates.

A. Within thirty days after an adoption decree is entered, the petitioner shall prepare an application for a birth certificate in the new name of the adoptee showing the petitioner as the adoptee's parent and shall provide the application to the clerk of the court. The clerk of the court shall forward the application:
(1) for a person born in the United States, to the appropriate vital statistics office of the place, if known, where the adoptee was born; or
(2) for all other persons, to the state registrar of vital statistics. In the case of the adoption of a person born outside the United States, if requested by the petitioner, the court shall make findings, based on evidence from the petitioner and other reliable state or federal sources, on the date and place of birth of the adoptee. The findings shall be certified by the court and included with the application for a birth certificate.
B. The state registrar of vital statistics shall prepare a birth record in the new name of the adoptee in accordance with vital statistics laws.
History:
Laws 1993, ch. 296, § 14.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 14 - Adult Adoptions › Section 40-14-15 - Recognition of foreign decrees.

Every judgment establishing the relationship of parent and child by adult adoption issued pursuant to due process of law by the tribunals of any other jurisdiction within or without the United States shall be recognized in this state, so that the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the judgment were issued by the courts of this state.
History:
Laws 1993, ch. 296, § 15.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 15 - Family Preservation Act › Section 40-15-1 - Short title.

Sections 1 through 4 of this act [40-15-1 to 40-15-4 NMSA 1978] may be cited as the "Family Preservation Act".
History:
Laws 2005, ch. 68, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 15 - Family Preservation Act › Section 40-15-2 - Legislative purpose.

The purpose of the Family Preservation Act is to confirm the state's policy of support for the family and to emphasize the responsibilities of parents and the state in the healthy development of children and the family as an institution. The Family Preservation Act is also intended to serve as a benchmark against which other legislation may be measured to assess whether it furthers the goals of preserving and enhancing families in New Mexico.
History:
Laws 2005, ch. 68, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 15 - Family Preservation Act › Section 40-15-3 - Family preservation goals; statement of policy.

It is the policy of the state that its laws and programs shall:
A. support intact, functional families and promote each family's ability and responsibility to raise its children;
B. strengthen families in crisis and at risk of losing their children, so that children can remain safely in their own homes when their homes are safe environments and in their communities;
C. promote the creation of well-paying, stable jobs so that families can provide for their basic needs, including health, education, food, clothing and shelter; and
D. help halt the breakup of the nuclear family, stabilize neighborhoods and strengthen communities.
History:
Laws 2005, ch. 68, § 3.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 15 - Family Preservation Act › Section 40-15-4 - Parental and state responsibilities.

A. Parents have joint primary responsibility for the well-being of their family. Parents have the primary responsibility to:
(1) ensure that their children have adequate food, shelter, health care and a healthy environment;
(2) support their children in all ways possible to grow up to be responsible, caring members of society;
(3) ensure that their children receive quality education both in and out of school to prepare them for active and productive adult lives;
(4) protect their children from the serious dangers of narcotics, alcohol and other harmful substances; and
(5) protect their children from all forms of exploitation harmful to any aspect of their welfare.
B. The state has a responsibility to develop plans to:
(1) make available to families free, quality public primary and secondary education;
(2) provide public safety services so that family members are safe in their homes, schools, workplaces and recreational settings;
(3) make available social service programs that support vulnerable families and protect spouses and children in danger of physical or serious emotional harm;
(4) develop programs that build on the strengths of families and connect them with community resources;
(5) provide parents with access to the training and support they need to raise their children, function effectively as parents and play a key role in helping preschool and growing children learn; and
(6) assist parents in carrying out their primary responsibility of providing for the well-being of their family.
History:
Laws 2005, ch. 68, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 16 - Termination of Parental Rights › Section 40-16-1 - Termination of parental rights; conception resulting from criminal sexual penetration.

A. At any time, a biological parent may petition the court for termination of the parental rights of a child's other biological parent, where that other biological parent has been convicted of criminal sexual penetration and where the criminal sexual penetration resulted in the conception and birth of the child. The court shall grant the petition if the court determines by clear and convincing evidence that the child was conceived as a result of the criminal sexual penetration for which the other biological parent was convicted.
B. In a proceeding that involves a child subject to the federal Indian Child Welfare Act of 1978, the grounds for any attempted termination shall be proved beyond a reasonable doubt and shall meet the requirements set forth in that act, and the court shall, in a termination order, make specific findings that those requirements were met.
C. A determination pursuant to Subsection A of this section or proof pursuant to Subsection B of this section creates a presumption that termination of parental rights is in the best interest of the child.
D. As used in this section, "criminal sexual penetration" means aggravated criminal sexual penetration in the first degree and criminal sexual penetration in the first, second or third degree pursuant to the laws of this state or an equivalent offense pursuant to the laws of another jurisdiction, territory or possession of the United States or an Indian nation, tribe or pueblo.
History:
Laws 2017, ch. 121, § 1.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 121, § 2 made Laws 2017, ch. 121, § 1 effective July 1, 2017.
Cross references.
— For the federal Indian Child Welfare Act of 1978,
see
25 U.S.C. § 1901, et seq.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › Section 40-17-1 - Short title.

Sections 1 through 13 [40-17-1 to 40-17-13 NMSA 1978] of this act may be cited as the "Extreme Risk Firearm Protection Order Act".
History:
Laws 2020, ch. 5, § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › Section 40-17-3 - Forbearance of costs associated with extreme risk firearm protection orders.

A reporting party who requests that a petitioner seek an extreme risk firearm protection order shall not be required to bear the cost of:
A. the filing, issuance or service of a petition for an extreme risk firearm protection order;
B. the filing, issuance or service of a warrant;
C. the filing, issuance or service of a witness subpoena;
D. service of an extreme risk firearm protection order;
E. obtaining law enforcement reports or photographs or copies of photographs relating to the allegations in the petition; or
F. any cost associated with the confiscation, storage or destruction of a firearm.
History:
Laws 2020, ch. 5, § 3.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
"Reporting party" construed.
— The plain language of the Extreme Risk Firearm Protection Order Act (act), 40-17-1 to 40-17-13 NMSA 1978, shows that a "reporting party" as used in this section, is a person who requests that a law enforcement officer file a petition for an extreme risk firearm protection order, and the term "reporting party" includes, but is not limited to, those types of individuals specified in 40-17-3(D) NMSA 1978. The use of the word "includes" in the definition of "reporting party" to connect a general clause to a list of enumerated examples demonstrates a legislative intent to provide an incomplete list of examples. Moreover, an expansive interpretation of the term "reporting party" is consistent with the broad purpose of the act, which is to protect the public from those individuals who, through their potential operation of a firearm, pose an extreme risk to public health.
Extreme Risk Firearm Protection Order Act
(8/20/21), Att'y Gen. Adv. Ltr. 2021-08.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › Section 40-17-4 - Extreme risk firearm protection orders; venue.

Proceedings pursuant to the Extreme Risk Firearm Protection Order Act shall be filed, heard and determined in the district court for the county in which the respondent resides.
History:
Laws 2020, ch. 5, § 4.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › Section 40-17-6 - Petition for temporary extreme risk firearm protection order; temporary orders; proceedings.

A. Upon the filing of a petition pursuant to the Extreme Risk Firearm Protection Order Act, the court may enter a temporary extreme risk firearm protection order if the court finds from specific facts shown by the petition that there is probable cause to believe that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm before notice can be served and a hearing held.
B. If the court finds probable cause pursuant to Subsection A of this section, the court shall issue a temporary extreme risk firearm protection order enjoining the respondent from having in the respondent's possession, custody or control a firearm and shall further enjoin the respondent from purchasing, receiving or attempting to purchase or receive a firearm while the order is in effect.
C. The court shall conduct a hearing within ten days of the issuance of a temporary extreme risk firearm protection order to determine if a one-year extreme risk firearm protection order should be issued pursuant to this section.
D. A temporary extreme risk firearm protection order shall include:
(1) a statement of the grounds supporting the issuance of the order;
(2) the date and time the order was issued;
(3) a statement that the order shall continue until the earlier of ten days or such time as a court considers the petition at a hearing, unless an extension is granted at the request of the respondent pursuant to Subsection E of this section;
(4) the address of the court that issued the order and in which any responsive pleading should be filed; and
(5) the date and time of the scheduled hearing, to be held within ten days of the issuance of the order.
E. The court may continue the hearing at the request of the respondent, but the hearing shall be set within thirty days of the respondent's request for continuance.
F. A temporary extreme risk firearm protection order shall be served by the petitioner along with supporting documents that formed the basis of the order, the notice of hearing and the petition for a one-year extreme risk firearm protection order.
G. If the court declines to issue a temporary extreme risk firearm protection order, the court shall enter an order that includes the reasons for the denial.
History:
Laws 2020, ch. 5, § 6.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › Section 40-17-7 - Hearings on petition; grounds for issuance; contents of order.

In determining whether grounds for any extreme risk firearm protection order exist, the court shall consider, at a minimum, the following:
A. any recent act or threat of violence by the respondent against self or others, regardless of whether the act or threat involved a firearm;
B. a pattern of acts or threats of violence by the respondent within the past twelve months, including acts or threats of violence against self or others;
C. the respondent's mental health history;
D. the respondent's abuse of controlled substances or alcohol;
E. the respondent's previous violations of any court order;
F. previous extreme risk firearm protection orders issued against the respondent;
G. the respondent's criminal history, including arrests and convictions for violent felony offenses, violent misdemeanor offenses, crimes involving domestic violence or stalking;
H. the respondent's history of the use, attempted use or threatened use of physical violence against another person; of stalking another person; or of cruelty to animals; and
I. any recent acquisition or attempts at acquisition of a firearm by the respondent.
History:
Laws 2020, ch. 5, § 7.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.