New Mexico Statutes 40-14-5. Who may be adopted; who may adopt
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A. Any adult may be adopted.
B. Residents who are one of the following may adopt:
(1) any adult who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adult Adoption Act; or
(2) a married adult, without the spouse of the married adult joining in the adoption if:
(a) the non-joining spouse is a parent of the adoptee;
(b) the adult who is adopting and the non-joining spouse are legally separated; or
(c) the failure of the non-joining spouse to join in the adoption is excused for reasonable circumstances as determined by the court.