New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 26 - FOSTER CARE AND ADOPTION
Part 3 - ADOPTION ACT REGULATIONS
Section 8.26.3.41 - POST-DECREE ACCESS TO RECORDS

Universal Citation: 8 NM Admin Code 8.26.3.41

Current through Register Vol. 35, No. 6, March 26, 2024

A. See Sections 32A-5-40 and 32A-5-41 NMSA 1978.

B. Confidentiality of post-decree records: After the decree of adoption has been entered, all court files containing records filed with the court or the department in the adoption proceeding shall remain confidential and withheld from public inspection except as provided in the Act and regulations.

C. Procedure for access to post-decree records by an adult adoptee, biological parent of an adult adoptee, sibling of an adoptee, or adoptive parent of a minor adoptee:

(1) Existence of record inquiry to the department: The party seeking access to the records shall first inquire of the department in writing whether a record of an adoptee's adoption is on file with the department. The adoption inquiry form is available through the local department office. The inquiry shall be forwarded to the department's central adoptions unit at the address specified in Section 11.2 [now Subsection B of 8.26.3.11 NMAC].

(2) Non-identifying information:
(a) Non-identifying information may be obtained without a court order by submitting to the department's central adoptions unit a written request, with the requesting person's signature notarized. See Section 11.2 [now Subsection B of 8.26.3.11 NMAC].

(b) Non-identifying information is limited to the following:
(i) the health and medical histories of the adoptee's biological parents;

(ii) the health and medical history of the adoptee;

(iii) the adoptee's general family background, including ancestral information, without name references or geographical designations;

(iv) if the adoptee is an Indian child, tribal information;

(v) physical descriptions of the adoptee and the adoptee's biological parents; and

(vi) the length of time the adoptee was in the care and custody of any person other than the adoptive parents.

(3) Identifying information: Identifying information may be obtained without a court order if the person about whom the information is sought has signed and filed with the department or the court a release of identifying information.
(a) Request for identifying information: A request for identifying information shall be made in writing to the department's central adoptions unit and the requesting person's signature shall be notarized.

(b) Affidavit permitting release of identifying information: If the party about whom the identifying information is being requested has filed a statement agreeing to the release of identifying information, the department shall release identifying information.

(c) Affidavit refusing release of identifying information: If the party about whom the identifying information is being requested has filed a statement indicating that no identifying information shall be released, the department shall not release any identifying information. Additionally, the department shall notify the requesting party that the party about whom the identifying information is sought has filed an affidavit requesting that no identifying information be released.

(d) No affidavit on file: If the party about whom the identifying information is requested has not filed any statement regarding release of identifying information, the department shall not release any identifying information. Additionally, the department shall notify the requesting party that the party about whom the identifying information is sought has not filed any statement regarding release of identifying information.

(4) Application to the court for release of identifying information:
(a) Petition for appointment of confidential intermediary: If there is nothing in the department files stating whether the party about whom the identifying information is being requested is willing or unwilling to release his/her identity, the requesting person may petition the court pursuant to Section 32A-5-41 NMSA 1978 for appointment of a confidential intermediary.

(b) Confidential intermediary duties: Upon appointment, the confidential intermediary shall:
(i) Review court files: Check the court files for an affidavit regarding release of identifying information.

(ii) Search and contact: If such an affidavit does not exist, the confidential intermediary shall make a reasonable search for and discreetly contact the person about whom the identifying information is being requested to ascertain whether such person is willing to have identifying information released to the petitioner or is willing to meet or communicate with the petitioner. The confidential intermediary shall only describe the petitioner in general, non-identifying terms. If the party about whom the identifying information is sought agrees to the release of identifying information or to meet or communicate with the petitioner, the confidential intermediary shall proceed as provided in Section 32A-5-41(E) NMSA 1978. If the party about whom the identifying information is sought refuses to release identifying information, the confidential intermediary shall inform the petitioner and the petitioner may withdraw the petition or request the court to release identifying information for good cause.

(c) A confidential intermediary cannot gain client identifying information from other sources, such as the Internet, without prior court approval as provided in Section 32A-5-41 NMSA 1978.

(d) Release of identifying information for good cause: If there is a statement on file with the department or the court refusing to release identifying information, or the party refuses the release of identifying information when contacted by the confidential intermediary, the petitioner may petition the court for release of identifying information for good cause.

D. Filing of statement regarding release of identifying information: After the entry of the final decree, the adult adoptee or the biological parent of the adult adoptee may file an affidavit at any time for release of identifying information or may change his/her position regarding the release of identifying information. The most recent affidavit supersedes all prior affidavits.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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