New Mexico Relinquishment, Consent, Revocation laws

Who Must Consent:

• The mother.
  
• The presumed or acknowledged father.
  
• The department or agency to whom the child has been relinquished.
  
• The guardian of the parent when the guardian has right of consent.
  
• For an Indian child, consent must be obtained from an Indian custodian.
  

Consent of Adoptee:

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A child 10 years or older must consent, unless a court finds the child lacks the mental capacity to make a judgment.

When Parental Consent is Not Needed:

• A parent's rights have been terminated or have been relinquished to an adoption agency.
  
• A biological father of a child conceived by rape or incest.
  
• Any person who fails to respond to notice.
  
• Any putative father who fails to register.
  
• The parent has left the child without identification or has failed to contact or support the child.
  
  

When Relinquishment Can Be Signed:

No consent is valid for at least 48 hours after the child's birth.

How Relinquishment Must Be Signed:

• Consent shall be executed before a judge or an individual appointed to take consents or by an agency licensed by the state.
  
• If not executed before a judge, the consenting parent must be represented by independent counsel and a guardian ad litem must be appointed for any adoptee whose consent is required.
  

Time for Revocation:

• Consents may not be withdrawn prior to the entry of the final judgment unless the consent was obtained by fraud.
  
• After the final decree, consent is irrevocable.
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.