Court Jurisdiction and Venue for Adoption Petitions - New Mexico

Date: January 2022

Jurisdiction

Citation: Ann. Stat. §§ 32A-1-4; 32A-1-9

The children's court division of the district court has exclusive original jurisdiction of all proceedings regarding a child subject to adoption.

In adoption proceedings for the placement of an Indian child, the court shall, in the absence of good cause to the contrary, transfer the proceeding to the jurisdiction of the Indian child's Tribe upon the petition of the Indian child's parent, the Indian child's guardian, or the Indian child's Tribe. The transfer shall be barred if there is an objection to the transfer by a parent of the Indian child or the Indian child's Tribe.

Venue

Citation: Ann. Stat. § 32A-5-9

Proceedings in the children's court shall begin in the county where the child resides or, in the case of an eligible adult pursuant to the Fostering Connections Act, where the eligible adult resides. A transfer may be made if the residence of the child or eligible adult changes or for other good cause.