New Mexico Statutes 32A-5-27. Notice of petition; form of service; waiver
A. The petition for adoption shall be served by the petitioner on the following, unless it has been previously waived in writing:
Terms Used In New Mexico Statutes 32A-5-27
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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) the department, by providing a copy to the court clerk for service pursuant to Section 32A-5-7 N.M. Stat. Ann.;
(2) any person, agency or institution whose consent or relinquishment is required by Section 32A-5-17 N.M. Stat. Ann., unless the notice has been previously waived;
(3) any acknowledged father of the adoptee;
(4) the legally appointed custodian or guardian of the adoptee;
(5) the spouse of any petitioner who has not joined in the petition; (6) the spouse of the adoptee;
(7) the surviving parent of a deceased parent of the adoptee;
(8) any person known to the petitioner having custody of or visitation with the adoptee under a court order;
(9) any person in whose home the child has resided for at least two months within the preceding six months;
(10) the agency or individual authorized to investigate the adoption under Section 32A-5-13 N.M. Stat. Ann.; and
(11) any other person designated by the court. B. Notice shall not be served on the following:
(1) an alleged father; and
(2) a person whose parental rights have been relinquished or terminated. C. The petitioner shall provide the clerk of the court with a copy of the petition for
adoption, to be mailed to the department pursuant to the provisions of Section 32A-5-7 N.M. Stat. Ann..
D. 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 state that the failure to so respond shall be treated as a default and the person’s consent to the adoption shall not be required. Provided, however, that this provision shall not apply to an agency, the department or an investigator preparing the post-placement report pursuant to Section 32A-5-31 N.M. Stat. Ann.. If an agency, the department or an investigator preparing the post-placement report wants to contest the adoption, it shall notify the court within twenty days after completion of the post-placement report.
E. Service shall be made pursuant to the Rules of Civil Procedure for the District Courts. If the whereabouts of a parent whose consent is required is unknown, the investigator, department or agency charged with investigating the adoption under Section 32A-5-13 N.M. Stat. Ann. shall investigate the whereabouts of the parent and shall file by affidavit the results of the investigation with the court. Upon a finding by the court that information as to the whereabouts of a parent has been sufficiently investigated and is still insufficient to effect service in accordance with the Rules of Civil Procedure for
the District Courts, the court shall issue an order providing for service by publication.
F. As to any other person for whom notice is required under Subsection A of this section, service by certified mail, return receipt requested, shall be sufficient. If the service cannot be completed after two attempts, the court shall issue an order providing for service by publication.
G. The notice required by this section may be waived in writing by the person entitled to notice.
H. Proof of service of the notice on all persons for whom notice is required by this section shall be filed with the court before any hearing adjudicating the rights of the persons.