The Rights of Unmarried Parents - New Mexico

Date: June 2022

Definitions

Citation: Ann. Stat. § 32A-5-3

The term 'acknowledged father' means a person to whom the following applies:

  • The person acknowledges parentage of the child pursuant to the putative father registry.
  • The person is named, with their consent, as the child's other parent on the child's birth certificate.
  • The person is obligated to support the child under a written voluntary promise or pursuant to a court order.
  • The person has openly held out the child as their own child by establishing a custodial, personal, or financial relationship with the child.

The term 'alleged father' means an individual whom the birth parent has identified as the biological other parent, but the individual has not acknowledged parentage or registered with the putative father registry.

The term 'presumed father' means the following:

  • The spouse of the birth parent at the time the child was born
  • A person who was married to the birth parent and either the child was born during the term of the marriage or 300 days after the marriage was terminated
  • Before the child's birth, a person who attempted to marry the child's birth parent, although the attempted marriage is or could be declared invalid, and if the attempted marriage:
    • Could be declared invalid only by a court and the child was born during the attempted marriage or within 300 days after its termination
    • Is invalid without a court order and the child was born within 300 days after the termination of cohabitation

Use of Parentage Registries

Citation: Ann. Stat. § 32A-5-20

A putative father registry shall be established by the Department of Health to record the names and addresses of the following:

  • Any person adjudicated by a court of this State to be the other parent of a child
  • Any person who has filed with the registry, before or after the birth of a child out of wedlock, a notice of intent to claim parentage of the child
  • Any person who has filed with the registry an instrument acknowledging parentage
  • Any person adjudicated by a court of another State or territory of the United States to be the other parent of a child born out of wedlock when a certified copy of the court order has been filed with the registry

An unrevoked notice of intent to claim parentage of a child may be introduced in evidence by any party in any proceeding in which that fact may be relevant.

Alternate Means to Establish Parentage

Citation: Ann. Stat. § 24-14-13

At or before the birth of a child to an unmarried birth parent, the person in charge of the institution, a designated representative, the attending physician, or the midwife shall provide an opportunity for the child's parents to complete an acknowledgment of parentage. The completed affidavit shall be filed with the Vital Records and Health Statistics Bureau of the Department of Health. The acknowledgment shall contain or have the following attached to it:

  • A sworn statement by the birth parent consenting to the assertion of parentage
  • A sworn statement by the other parent that they are the natural parent of the child
  • Written information, furnished by the Human Services Department, explaining the implications of signing, including legal parental rights and responsibilities
  • The Social Security numbers of both parents

If a married birth parent claims that their spouse is not the other parent of the child, the spouse signs under penalty of perjury a denial of parentage on a form provided by the bureau, and the nonspouse agrees that they are the other parent, an acknowledgment of parentage may be signed under penalty of perjury by the birth parent and the nonspouse. Upon filing the acknowledgment of parentage and the denial of parentage with the bureau, the name of the nonspouse shall be entered on the child's certificate of birth as the other parent.

Required Information

Citation: Ann. Stat. § 32A-5-20

A person filing a notice of intent to claim parentage of a child or an acknowledgment of parentage shall include in the notice the following:

  • Their name
  • Their current address
  • The birth parent's name and any other identifying information requested by the Department of Health
  • The child's name, if known, and any other identifying information requested by the department

If the person filing the notice of intent to claim parentage of a child or acknowledgment changes their address, the person shall notify the department of their new address.

Revocation of Claim to Parentage

Citation: Ann. Stat. § 32A-5-20

A person who has filed a notice of intent to claim parentage may at any time revoke a notice previously filed. Upon receipt by the registry of the notice of revocation, the revoked notice of intent to claim parentage shall be deemed null and void.

Access to Information

Citation: Ann. Stat. § 32A-5-20

The Department of Health shall, upon request, provide the names and addresses of persons listed with the registry to any of the following:

  • Any court
  • The department or an agency
  • The petitioner's attorney
  • The birth parent of the child

The information shall not be divulged to any other person except upon order of the court for good cause shown. If the registry has not received a notice of intent to claim parentage or an acknowledgment of parentage, the department shall provide a written statement to that effect to the person making the inquiry.

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