Current through Register Vol. 35, No. 6, March 26, 2024
A. See
Section 32A-5-32 NMSA 1978.
B. Who
shall file a petition in a stepparent adoption: The stepparent with whom the
adoptee has resided for at least one year since the stepparent's marriage to
the adoptee's custodial parent.
C.
Stepparent adoption exceptions: The stepparent shall comply with the provisions
of the act, except as follows:
(1)
placement;
(2) pre-placement study
or post-placement report unless ordered by the court; and
(3) report of fees and charges to the court
unless ordered by the court.
D. Consents: The consent of the non-custodial
parent, the custodial parent, and the adoptee if he/she ten years of age or
older, are required in all stepparent adoptions except in those cases where the
non-custodial parent's parental rights may or have been terminated
involuntarily as provided in the Act.
E. Counseling:
(1) See Section 32A-5-22 NMSA 1978 and
Section 25 [now 8.26.3.25 NMAC].
(2) When counseling is required for the
stepparent and custodial parent: When the adoptee has lived with the stepparent
for more than one year but less than two years since the stepparent's marriage
to the custodial parent, counseling shall be required for both the stepparent
and the custodial parent pursuant to Section 32A-5-22(C)(1) NMSA 1978. When the
adoptee has lived with the stepparent for more than two years since the
stepparent married the custodial parent, neither the custodial parent nor the
stepparent shall be required to receive counseling, but they should be
encouraged to receive counseling.
(3) Non-custodial parent counseling: The
non-custodial parent shall receive counseling regardless of the duration of the
stepparent marriage.
(4)
Non-custodial parent's counseling narrative: The non-custodial parent who is
consenting to the adoption, and whose parental rights will be terminated by the
adoption, shall be counseled and his/her counseling narrative shall include:
(a) the date and duration of each counseling
session;
(b) a description of the
counseling session which shall include at a minimum the advantages and
disadvantages of the adoption as follows:
(i)
motivation for the consent;
(ii)
ethnic consideration, if any;
(iii)
the nature and characteristics of the relationship between the stepparent and
the adoptee;
(iv) the nature and
characteristics of relationship of the custodial parent and the
adoptee;
(v) the nature and
characteristics of relationship of the non-custodial parent and the
adoptee;
(vi) the nature and
characteristics of relationship of the stepparent and the custodial
parent;
(vii) problems which may
arise and which are anticipated from the adoptee's loss of a parent;
(viii) open adoption issues such as adoptee
contact or visitation with the non-custodial parent;
(ix) consideration of grandparent visitation
rights;
(x) the fact that the
adoption is a final decision that is legally binding even in the event the
custodial parent and stepparent divorce or one of them dies; and
(xi) legal consequences, such as waiver of
child support obligation and loss of inheritance rights.
(c) The counseling narrative shall be signed
and dated by the non-custodial parent and the counselor.
(5) Custodial parent counseling: In addition
to being counseled regarding the alternatives to adoption and the consequences
of adoption, the custodial parent shall be counseled regarding the effects of
adoption on child custody and child support.
(6) Custodial parent's counseling narrative:
The custodial parent shall be counseled except as provided in Section 33.5.2
[now Paragraph (2) of Subsection E of 8.25.3.33 NMAC]. The narrative shall
contain:
(a) the date and duration of each
counseling session;
(b) a
description of the content of the counseling session which shall include the
advantages and disadvantages of the adoption such as, but not limited to, the
following:
(i) motivation for the
adoption;
(ii) ethnic
consideration, if any;
(iii) right
to seek independent legal counsel to clarify legal ramifications;
(iv) the nature and characteristics of
relationship of the stepparent and the custodial parent;
(v) the nature and characteristics of
relationship of the stepparent and the adoptee;
(vi) the nature and characteristics of
relationship of the non-custodial parent and the adoptee;
(vii) social/medical history information
known regarding the non-custodial parent;
(viii) the response of the parent to the
counselor's inquiry regarding Indian heritage;
(ix) issues raised by the adoptee during the
counseling session; and
(x)
Concerns of the counselor, if any, regarding the appropriateness of the
adoption.
(c) The
counseling narrative shall be signed by the custodial parent and the
counselor.
(7)
Stepparent's counseling narrative: The stepparent who desires to adopt shall be
counseled except as provided in Section.33.5.2 [now Paragraph (2) of Subsection
E of 8.26.3.33 NMAC] of these regulations. The narrative shall contain:
(a) the date and duration of each counseling
session;
(b) a description of the
counseling session which shall include the advantages and disadvantages of the
adoption such as, but not limited to, the following:
(i) motivation for the adoption;
(ii) ethnic consideration, if any;
(iii) the adoptee's social, education and
health history;
(iv) the nature and
characteristics of relationship of the stepparent and the adoptee;
(v) the nature and characteristics of
relationship of the stepparent and custodial parent;
(vi) problems which may arise from the
adoptee's loss of a parent;
(vii)
open adoption issues such as adoptee contact or visitation with the consenting
parent;
(viii) consideration of
grandparent visitation rights; and
(ix) the fact that the adoption is a final
decision that is legally binding even in the event of dissolution of marriage
or death of his/her spouse.
(c) The counseling narrative shall be signed
and dated by the stepparent and the counselor.
(8) When counseling is required for the
adoptee: If the adoptee has reached the age of ten years of age or older, the
adoptee shall receive counseling in all stepparent adoptions pursuant to
Section 32A-5-22(C)(1) NMSA 1978 and Section 25.8 [now Subsection H of
8.26.3.25 NMAC].
(9) Adoptee's
counseling narrative: See Section 32A-5-22(C)(1) NMSA 1978 and Sections 25.9
[now Subsection I of 8.26.3.25 NMAC].
F. Fingerprinting: In all stepparent
adoptions, the stepparent shall obtain a criminal records check pursuant to
Section 32A-5-14(A)(8), Section 32A-5-32(B)(1) NMSA 1978 and Section 18.8 [now
Subsection H of 8.26.3.18 NMAC].