New Mexico’s adoption law is set forth under Ch. 32A, art. 5 NMSA 1978 (“Adoption Act”). The stated purposes of the Adoption Act are threefold: “A. establish procedures to effect a legal relationship between a parent and adopted child that is identical to that of a parent and biological child; B. provide for family relationships that will give the adopted child protection and economic security and that will enable the child to develop physically, mentally and emotionally to the maximum extent possible; and C. ensure due process protections.” Section 32A-5-2 NMSA 1978.
Procedure
Adoption procedures are described under Sections 32-5-25 to 35-2-40 NMSA 1978 of the Adoption Act. Some provisions that give further information on filing a petition for adoption include Section 32A-5-25 requiring that a “petition for adoption shall be filed within sixty days of the adoptee’s placement into the proposed adoptive home if the adoptee is under the age of one year”. Section 32A-5-26 describes in detail the contents of a petition for adoption. Section 32A-5-28 specifies the contents of a response to a petition for adoption. Section 32A-5-32 describes the procedures for and requirements of stepparent adoptions.
Forms
The State of New Mexico does not publish official adoption forms for the entire state. The Second District Court located in Bernalillo County has published some adoption forms on its website. For those New Mexicans outside of Bernalillo County seeking adoption forms, you can contact the Supreme Court Law Library by email at libref@nmcourts.gov and by phone at 505-827-4850 and we can provide you with a sample form. We recommend consulting with a licensed New Mexico Attorney to ensure that your documents comply with New Mexico law.
Other State Agencies
Other state agencies that regulate aspects of the adoption process include the Department of Children, Youth and Families (CYFD) and the New Mexico Department of Health (Bureau of Vital Records and Health Statistics).
Library Resources
You are welcome to visit the Law Library and browse our collection of print and electronic resources covering adoption law. Titles include:
The appeal process can arise in various contexts. The appeal process involves requesting the review of an administrative agency action or lower court decision by a higher court.
The appeal process may commence from a lower court such as the Magistrate (Rule 1-072 NMRA) Metropolitan (Rule 1-073 NMRA), Municipal (Rule 8-703 NMRA) or Probate Court (Rules 1B-101 and 1B-701 NMRA) to the District Court. Appeals to a District Court must occur in the same county as the original lower court. New Mexico Statues provide for the appeals in the arbitration process under Section 44-7A-29 NMSA 1978. Actions of administrative agencies are also subject to appeal (Rule 1-074 NMRA & Rule 1-075 NMRA) and certain agencies have their own appeal rules (Human Rights Commission (Rule 1-076 NMRA) and the Unemployment Compensation Bureau (Rule 1-077 NMRA).
The Rules of Appellate Procedure are set forth under Rule Set 12 NMRA. These rules govern procedure and pleadings before both the Court of Appeals and the Supreme Court. Supreme Court General Rule Rule 23-101 NMRA sets forth the basic contours of a Supreme Court hearing.
New Mexico has several official forms for use in the appellate process. These include:
The Law Library also has numerous titles in our print collection that can assist you in the appeal process. Here is sampling of materials:
Effective January 1, 2020, the Criminal Records Expungement Act, Sections 29-3A-1 through 29-3A-9 NMSA 1978, took effect. This Act allows a qualifying individual to petition a court for expungement of a number of criminal and related public records.
Pursuant to that statute, the New Mexico Administrative Code (“NMAC”) Rule also took effect: Rule 10.2.2 NMAC Expungement of Arrest Records and Related Public Records
For additional information and suggested forms, see:
You can research and read the statutes relating to expungement and other New Mexico laws, as well as court rules, appellate court opinions, and official court forms by using the legal research tool NMOneSource.com on the New Mexico Compilation Commission website at https://nmonesource.com/nmos/en/nav.do.
The Law Library staff, like other Court employees, cannot perform direct legal research, offer legal advice, fill out forms, or interpret statutes. We recommend that you consult with an attorney for legal advice, and you may review NM Courts Self Representation for legal help resources and for a basic overview of the legal process.
United States History
In 1848, Mexico and the United States signed the Treaty of Guadalupe Hidalgo, ending the Mexican-American War and ceding the land that is now New Mexico to the United States. The treaty set the new boundary between Mexico and the U.S. and proclaimed to honor the property rights of inhabitants and their heirs as they had been under both the Spanish and Mexican governments.
In 1854, the U.S. Congress established the office of the Surveyor General of New Mexico to ascertain “the origin, nature, character, and extent to all claims to lands under the laws, usages, and customs of Spain and Mexico.” These duties included making recommendations to Congress concerning the validity of land grant claims.
In 1891, the US government established the Court of Private Land Claims to adjudicate land grant claims in New Mexico and other states. Some of the decisions of the Court of Private Land Claims were appealed by the United States Supreme Court. The court was disbanded in 1904.
Getting Started
Secondary resources are an excellent place to begin if you do not know the details of which land grant you are looking for or when and where it was adjudicated. There are a number of books, research reports, theses, and articles written by legal experts that have been published for others to retrace their research.
Select Journal articles:
Primary Sources
Spanish and Mexican Law
New Mexico Statutes
New Mexico Supreme Court Cases
Federal Government Reports
Documents from Court of Private Land Claims
US Supreme Court Decisions
US Supreme Court Transcripts
New Mexico’s law regarding owner-resident relations (commonly known as landlord-tenant law) is set forth under Chapter 47 Article 8 of the New Mexico Statutes Annotated (the Owner-Resident Relations Act). The stated purpose of the Act is “to encourage the owners and the residents to maintain and improve the quality of housing in New Mexico.” § 47-8-2 NMSA 1978. While the New Mexico Legislature has established general standards for owner-resident relations for the entire state of New Mexico, local city ordinance may add certain extra requirements.
Obligations on Owner and Resident
State law requires that both owners and residents meet certain obligations. Under § 47-8-20 NMSA 1978 owners are obligated to maintain basic safety standards in common areas and provide basic access to utilities. Residents are obligated to not deliberately or negligently damage or destroy property and to refrain from disturbing the peace of other residents § 47-8-22 NMSA 1978.
Eviction
Generally, owners must give the resident notice prior to terminating a week-to-week rental agreement (§ 47-8-37 NMSA 1978). In the event of failure to pay rent, “within three days after written notice from the owner of nonpayment and his intention to terminate the rental agreement, the owner may terminate the rental agreement and the resident shall immediately deliver possession of the dwelling unit” (§ 47-8-33 NMSA 1978).
Forms for both landlords and tenants are available at NMCourts.gov:
Resources
New Mexico Legal Aid publishes a Renter’s Guide, providing a concise summary of owner-resident law in New Mexico. En Español. The New Mexico Landlord-Tenant Hotline is 505-930-5666.
The New Mexico Supreme Court Law Library also has numerous books that provide guidance to navigating rental law including:
COVID-19
New Mexico Supreme Court Orders (No. 20-8500-007) and (No. 20-8500-008) address eviction for non-payment of rent during the COVID-19 pandemic.
In the aftermath of the COVID-19 health crisis, the following resources are available for helping tenants:
New Mexico Legal Aid COVID-19 Eviction Information Page https://www.newmexicolegalaid.org/node/228/coronavirus-updates
Emergency Rental Assistance Program https://www.renthelpnm.org/
Uniform legislation has a long history in New Mexico, dating back to at least Arie Poldervaart’s discussion of uniform legislation in Uniform Laws and New Mexico, published in 1954. The Uniform Law Commission, also known as the National Conference of Commissioners on Uniform State Laws and hereafter referred to as the Uniform Law Commission, was created in 1892 and the creator, or co-creator, of the majority of the uniform laws that are currently incorporated into the New Mexico Statutes Annotated. The Uniform Law Commission defines a uniform act as a law that is the same among various jurisdictions and the similarity and uniformity of the law is the primary or only goal of the legislation. The Uniform Law Commission defines a model act in a similar way, with the main difference being that uniformity is not the primary goal of the legislation and differences between jurisdictions are allowed for within the act. Uniform and model legislation generally aims to simplify interstate relations on subjects where states may often interact. Chapter 2, Article 4 of the New Mexico Statutes Annotated establishes a Commission for the Promotion of Uniform Legislation in New Mexico and the duties of the commissioners specifically mention uniform legislation on the topics of marriage and divorce. Matters of domestic law uniform legislation include the Uniform Premarital Agreement Act, Uniform Interstate Family Support Act, Uniform Child Abduction Prevention Act, New Mexico Uniform Parentage Act, and Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. However, a review of the New Mexico Statutes Annotated demonstrates that the inclusion and influence of uniform legislation on New Mexico statutory law extends far beyond matters of domestic law. What follows is a non-comprehensive list of some of this legislation by subject.
Criminal Law and Procedure
Civil Law and Procedure
Trials and Judgments
Probate
Business and Commerce
Professions
Trusts and Fiduciaries
Property
Health Care
Voting
Selected Print Resources
Selected Electronic Resources
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