New Mexico Statutes 40-11A-637. Binding effect of determination of parentage
A. Except as otherwise provided in Subsection B of this section, a determination of parentage is binding on:
Terms Used In New Mexico Statutes 40-11A-637
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(1) all signatories to an acknowledgment or denial of paternity as provided in Article 3 of the New Mexico Uniform Parentage Act; and
(2) all parties to an adjudication by a district court acting under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 N.M. Stat. Ann..
B. A child is not bound by a determination of parentage pursuant to the New Mexico Uniform Parentage Act unless:
(1) the determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing;
(2) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown;
(3) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem; or
(4) there was a final order in the proceeding that satisfies the requirements of Paragraph (1), (2) or (3) of Subsection C of this section.
C. In a proceeding to dissolve a marriage, the district court is deemed to have made an adjudication of the parentage of a child if the district court acts under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 N.M. Stat. Ann., and the final order:
(1) expressly identifies a child as a “child of the marriage”, “issue of the marriage”, “child of the parties” or similar words indicating that the husband is the father of the child;
(2) provides for support of the child by the husband unless paternity is specifically disclaimed in the order; or
child.
(3) contains a stipulation or admission that the parties are the parents of the D. Except as otherwise provided in Subsection B of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a party to the earlier proceeding.
E. A party to an adjudication of paternity may challenge the adjudication only pursuant to the laws of New Mexico relating to appeal, vacation of judgments or other judicial review.