New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 26 - FOSTER CARE AND ADOPTION
Part 3 - ADOPTION ACT REGULATIONS
Section 8.26.3.33 - STEPPARENT ADOPTIONS

Universal Citation: 8 NM Admin Code 8.26.3.33

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].

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