State Recognition of Intercountry Adoptions Finalized Abroad - New Mexico

Date: April 2018

Effect and Recognition of a Foreign Adoption Decree

Citation: Ann. Stat. § 32A-5-39

Every decree or order of adoption entered by a court or other entity in another country acting pursuant to that country's law or pursuant to any convention, treaty, or intercountry adoption that the United States has ratified shall be recognized in this State, so that the rights and obligations of the parties as to matters within the jurisdiction of this State shall be determined as though the decree or order of adoption were issued by the courts of this State.

A convention adoption in a foreign country that is certified by the U.S. Secretary of State shall be recognized as a final adoption in this State. The term 'convention adoption' refers to an adoption by a U.S. resident of a child who is a resident of a foreign country that is a party to the Hague Convention Intercountry Adoption.

Readoption After an Intercountry Adoption

Citation: Ann. Stat. § 32A-5-26(O) & (P)

A petition for adoption shall be filed and verified by petitioner alleging all items in § 32A-5-26(A)-(N). However, if the adopted child is foreign-born, copies of the child's passport and U.S. visa, along with all documents demonstrating that the child is legally free for adoption, including a certificate from the U.S. Secretary of State that certifies whether the adoption is a convention adoption, must accompany the petition. A petition alleging a convention adoption shall also allege that:

  • The country in which the child has been residing is a party to the Hague Convention on Intercountry Adoption.
  • The agency or person who is providing the adoption service has been approved as an accrediting entity.
  • The certificate issued by the U.S. Secretary of State that certifies the adoption as a convention adoption has been filed with the court.

Application for a U.S. Birth Certificate

Citation: Ann. Stat. § 32A-5-38

Within 30 days after an adoption decree becomes final, the petitioner shall prepare an application for a birth certificate in the new name of the adopted child that shows the petitioner as the adopted child's parent, and shall submit the application to the clerk of the court and the State Registrar of Vital Statistics.

In the case of the adoption of a person born outside the United States, if requested by the petitioner, the court shall make findings on the date and place of birth of the adopted child based on evidence from the petitioner and other reliable State or Federal sources. These findings shall be certified by the court and included with the application for a birth certificate.

The State registrar shall prepare a birth record in the new name of the adopted child in accordance with the vital statistics laws but subject to the requirements of the Adoption Act as to the confidentiality of adoption records.