Regulation of Private Domestic Adoption Expenses - New Mexico

Date: May 2022

Birth Parent Expenses Allowed

Citation: Ann. Stat. § 32A-5-34(B)

A prospective adoptive parent, or a person acting on behalf of a prospective adoptive parent, shall make payments for services relating to the adoption or to the placement of the child for adoption for allowed expenses only to third-party vendors as is reasonably practical. These payments shall consist of reasonable and actual fees or charges for the following:

  • Medical, hospital, nursing, pharmaceutical, travel, or other similar expenses incurred by a mother or the child to be adopted in connection with the birth or any illness of the child
  • Reasonable counseling services relating to the adoption
  • Living expenses of a mother and her dependent children, including the child to be adopted, for a reasonable time before or after the child's birth or placement
  • Expenses incurred for the purposes of full disclosure
  • Any legal service performed for a parent who consents to the adoption of a child or relinquishes the child to an agency
  • Any other service or expense the court finds is reasonably necessary for services relating to the adoption or to the placement of the child for adoption

Birth Parent Expenses Not Allowed

Citation: Ann. Stat. § 32A-5-34(B), (C)

The following payments are not permitted:

  • Living expenses beyond 6 weeks after the child's birth
  • Any payments other than those permitted by statute

Allowable Payments for Arranging Adoption

Citation: Ann. Stat. § 32A-5-12

All placements must be made by the Children, Youth, and Families Department; an agency; or, in the case of an independent adoption, by order of the court.

Allowable Payments for Relinquishing Child

Citation: Ann. Stat. § 32A-5-34(D)

It is unlawful for any person to threaten or coerce a parent to complete the relinquishment of parental rights or to complete the consent to an adoption by demanding repayment of expenses.

Allowable Fees Charged by Department/Agency

Citation: Ann. Stat. § 32A-5-34(B)

A prospective adoptive parent shall make payments for reasonable and actual fees or charges for the following:

  • The services of an agency in connection with an adoption
  • Legal services, court costs, travel, or other administrative expenses connected with an adoption
  • Preparation of a preplacement study and of a postplacement report during the pendency of the adoption proceeding

Accounting of Expenses Required by Court

Citation: Ann. Stat. § 32A-5-34(A)

Prior to the final hearing on the adoption petition, the petitioner shall file a full accounting of all disbursements of anything of value made or agreed to be made in connection with the adoption. The accounting report shall be signed under penalty of perjury. The accounting report shall be itemized in detail and show the services reasonably relating to the adoption or to the placement of the child for adoption that were received by the parents of the child, by the child, or by or on behalf of the petitioner. The report also shall include the dates of each payment and the names and addresses of each attorney, physician, hospital, licensed adoption agency, or other person or organization who received any funds or any other thing of value from the petitioner in connection with the adoption or placement of the child.

Related Resources