New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 26 - FOSTER CARE AND ADOPTION
Part 3 - ADOPTION ACT REGULATIONS
Section 8.26.3.46 - ADOPTION OF A FOREIGN BORN CHILD
Universal Citation: 8 NM Admin Code 8.26.3.46
Current through Register Vol. 35, No. 6, March 26, 2024
A. A foreign born child may be adopted in New Mexico:
(1) Such adoption does not entitle
the adoptee to citizenship in the United States.
(2) The foreign born adoptee shall comply
with all Integration [sic] and Naturalization Services (INS)
requirements and may not be entitled to remain in the U.S. in spite of the
adoption if INS requirements are not satisfied.
(3) If INS does not recognize a foreign
adoption decree, a petition for adoption shall be filed in New Mexico and all
of the requirements of the act and these regulations shall be satisfied unless
express exceptions to the act are provided in the regulations.
B. Exceptions to the pre-placement study for a foreign born child:
(1)
Substitute criminal records check: In any adoption involving a foreign born
child, the INS form (currently I-171) may be submitted in place of the criminal
records check required by the regulations. See Section 18.8 [now Subsection H
of 8.26.3.18 NMAC].
(2) Medical
examination and certificate: Prior to filing the petition for adoption, a
foreign born child shall have a medical examination by a physician licensed to
practice medicine in any state in the United States. A medical certificate of
the foreign born child's physical condition shall be filed with the petition
for adoption.
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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