New Mexico Statutes 32A-5-17. Persons whose consents or relinquishments are required
A. Consent to adoption or relinquishment of parental rights to the department or an agency licensed by the state of New Mexico shall be required of the following:
Terms Used In New Mexico Statutes 32A-5-17
- 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.
- Probate: Proving a will
(1) the adoptee, if fourteen years of age or older, except when the court finds that the adoptee does not have the mental capacity to give consent;
(2) the adoptee’s mother;
(3) the adoptee’s proposed adoptive parent; (4) the presumed father of the adoptee;
(5) the adoptee’s acknowledged father;
(6) the department or the agency to whom the adoptee has been relinquished that has placed the adoptee for adoption or the department or the agency that has custody of the adoptee; provided, however, that the court may grant the adoption without the consent of the department or the agency if the court finds the adoption is in the best interests of the adoptee and that the withholding of consent by the department or the agency is unreasonable; and
(7) the guardian of the adoptee’s parent when, pursuant to provisions of the Uniform Probate Code [N.M. Stat. Ann. Chapter 45], that guardian has express authority to consent to adoption.
B. A consent or relinquishment executed by a parent who is a minor shall not be subject to avoidance or revocation solely by reason of the parent’s minority.