New Mexico Administrative Code
Title 7 - HEALTH
Chapter 2 - VITAL STATISTICS
Part 2 - VITAL RECORDS AND STATISTICS
Section 7.2.2.11 - THE CREATION OF AMENDED CERTIFICATES OF BIRTH FOLLOWING ADOPTION, LEGITIMATION, DENIALS OF PATERNITY AND ACKNOWLEDGEMENTS OF PATERNITY, AND OTHER LEGALLY RECOGNIZED DETERMINATIONS OF PARENTAGE

A. Paternity: Upon receipt of a sworn acknowledgement of paternity signed by both parents, if no other person is shown as the father on the original certificate, a new certificate shall be prepared. A written request by both parents, if made within the 18 years of the child's birth, (unless acceptable proof is submitted that the mother is deceased, then by the father) that the minor child's surname be changed, and if no other person is shown as the father on the original certificate, a revised certificate shall be prepared. For a child aged 14 years or older, the child must give notarized consent to the change.

B. Court orders: If a person claims a change in paternity but cannot provide acknowledgement or denial of paternity as prescribed in the Uniform Parentage Act Section 40-11A-3 NMSA 1978, the person will be advised to seek a court adjudication of paternity.

C. An new certificate of birth shall be prepared by the state registrar for a child born in this state upon receipt of a certified copy of a court determination of parentage or other acceptable evidence of parentage as required by the state registrar pursuant to the provisions of the Vital Records Act and related regulations and the Uniform Parentage Act.

D. Creation of new certificate:

E. Existing certificate - special filing of: Upon preparation of the amended certificate, the existing certificate and the evidence upon which the amended certificate was based shall be placed in a sealed file. Such file shall not be subject to inspection except upon order of a court of competent jurisdiction or by the state registrar for purposes of properly administering the vital statistics program.