A. Any child may be adopted.

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B. Residents who are one of the following may adopt:

(1)     any individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act; and

if:

(2)     a married individual without the individual’s spouse joining in the adoption (a) the nonjoining spouse is a parent of the adoptee;

(b) the individual and the nonjoining spouse are legally separated; or

(c) the failure of the nonjoining spouse to join in the adoption is excused for reasonable circumstances as determined by the court.

C. Nonresidents who meet the criteria of Subsection B of this section may adopt in New Mexico if the adoptee is a resident of New Mexico or was born in New Mexico but is less than six months of age and was placed by the department or an agency licensed by the state of New Mexico.