How to Adopt Your Stepchild in New Mexico: 3 Things You Must Know

New Mexico adoptions can be full of long processes and requirements, yet when adopting your stepchild, the process is not always that extensive. Many stepparents fall in love with their stepchildren and wish to adopt them as their own. So how do you adopt your stepchild in New Mexico?

To adopt a stepchild in New Mexico, the stepparent wishing to adopt must obtain stepchild adoption court forms, often available at the local courthouse, or may be purchased online from a court form service. If the biological parent is contest the adoption, then hiring a lawyer is strongly encouraged.

adopting a stepchild in New Mexico

For a number of reasons, a stepparent can want to adopt their stepchild in New Mexico, including:

  • Adopting a stepchild gives the adoptive parent legal parental rights and obligations, such as the ability to decide how the child will be raised and the obligation to provide for the child’s financial needs.
  • A stepparent may desire to adopt their stepchild if they have a close emotional connection with them.
  • Both the child and the family of the stepparents may experience stability and security as a result of adoption.
  • If the biological parent is not present or is not a good influence on the child for any other reason, adoption may be in the child’s best interest.
  • Adoption also makes inheritance simpler and guarantees that the child will be cared for in the event of the death of the adopted parents.

How to Adopt Your Stepchild in New Mexico

To adopt your stepchild in New Mexico you can either hire a lawyer, visit your local courthouse and ask if they provide stepchild adoption court form packets, or purchase court forms through a service that specializes in stepchild adoption court forms.

Hire an Adoption Lawyer

In New Mexico, adopting a stepchild is often accomplished without the need for legal counsel, therefore hiring one is not necessary. However, it is crucial to take legal counsel into account because they can offer direction and representation throughout the adoption process.

A lawyer can make sure that all required documentation is correctly filled out and submitted on time, as well as offer guidance on any potential legal matters that might come up during the adoption process.

An attorney can also represent you in court if that is necessary. Overall, while retaining legal counsel is not a requirement for adopting a stepchild in New Mexico, it is advisable to do so in order to maximize your chances of success.

Visit here for a board-certified adoption lawyer in New Mexico.

Visit Your Local Courthouse

One of the first actions a stepparent in New Mexico should take when deciding to adopt their stepchild is to contact the local courthouse. The adoption procedure will start at the courthouse, where the required papers will also be filed, and you may be able to obtain adoption court forms there.

Normally, these court form packets include all the paperwork and instructions needed to finish the adoption procedure.

This paperwork, which differs according to the jurisdiction, often comprises an adoption petition, consent forms, and other things that need to be filled out and submitted to the court.

Although court form packets are sometimes available at the neighborhood courthouse, remember that filling out the forms and filing them are not always straightforward processes.

The procedure also entails submitting the paperwork to the appropriate court, notifying the other parent, and showing up for a hearing.

A lawyer can act as a guide during this procedure and make sure that all necessary actions are completed.

It’s a good idea to verify with the local courthouse for any additional particular needs or procedures that may be particular to the jurisdiction in addition to court forms.

Another option is to speak with the court clerk, who might be able to offer more details and direction.

Find a local New Mexico courthouse near you.

Purchase Stepchild Adoption Court Forms Through a Service

In New Mexico, a stepparent who wants to adopt their stepchild can get the necessary paperwork through a service. Searching for “stepparent adoption forms” on the internet is one approach to locating these kinds of services.

The forms, instructions, and any other documentation required to complete the adoption procedure are often provided by these services.

Despite the fact that these firms offer court forms, they cannot and will not give legal advice.

These services are not a replacement for legal counsel, and it is always a good idea to think about doing so at some point during the adoption process as they can offer direction and representation.

A lawyer can make sure that all required documentation is correctly filled out and submitted on time, as well as offer guidance on any potential legal matters that might come up during the adoption process.

A lawyer can also represent you in court if that is necessary.

Visit here for more information on the requirements to adopt in New Mexico.

Adoption Process

The legal process of adopting a stepchild in New Mexico involves a number of procedures, including submitting an adoption petition, conducting a home study and background check, getting the biological parent’s approval, terminating the biological parent’s rights, and finalizing the adoption.

Filing of the Petition for Adoption

For stepparents in New Mexico who want to adopt their stepchild, the first step in the adoption procedure is to file a petition for adoption. A legal document known as a petition for adoption is used to ask the court to approve an adoption.

In New Mexico, the district court in the county where the child resides must receive the petition for adoption.


The following details are frequently included in an adoption petition:

  • The child’s and stepparent’s names and addresses
  • A declaration that the stepparent is the child’s parent’s spouse
  • A statement that the stepparent is ready and willing to adopt the child and that doing so is in the child’s best interests.
  • A declaration that the stepparent is aware that the adoption will end the child’s legal connection to the non-custodial parent
  • A declaration indicating the stepparent is aware that, as a result of the adoption, the child and the stepparent will have a legal relationship that is comparable to that of a parent and child.

Additional paperwork, such as the following, should be submitted with the adoption petition:

  • The child’s birth certificate
  • The stepparents’ marriage license
  • A background investigation and home study
  • Consent document that the custodial parent has signed
  • Documentation terminating parental rights, if necessary

The paperwork should be submitted to the court, and there might need to be a filing fee.

The court may need more details or paperwork depending on the particular case, so it’s a good idea to check with your local courthouse or speak with a lawyer at every stage of the procedure.

A hearing date will be set by the court following the submission of the adoption petition.

The court may question the parties to the hearing to determine whether the adoption is in the child’s best interests.

Both the child and the stepparent must be present. The petition will be granted and a date for the finalization hearing will be set if the judge is satisfied with the information provided in the petition and the supporting papers.

Each state has its own laws and procedures for submitting an adoption petition, and the information provided above only applies to New Mexico.

A lawyer should always be consulted at every stage of the procedure to make sure that all necessary actions are completed, all legal criteria are met, and that the petition is properly drafted and filed.

The adoption petition’s filing is a public record, meaning that anybody can access the petition’s contents.

Home Study and Background Check

Stepparents in New Mexico who want to adopt their stepchild must first complete a home study and background check. To make sure that the stepparent’s house, family, and lifestyle are secure and appropriate for the child, a professional social worker often does a home study and background check.

The background check is also carried out to make sure the stepparent has no criminal history that would disqualify them from being an adoptive parent.

A home study is a review of the stepparent’s residence that includes details on its dimensions, location, state of repair, and security.

In order to learn more about the family dynamics, parenting techniques, and support systems, the social worker will also interview the child, the stepparent, and other family members.

In order to evaluate the child’s well-being, the social worker will also watch how the child interacts with the stepparent.

The background investigation is done to make sure the stepparent has no history of abusing or neglecting children or any other criminal activity that would disqualify them from adopting.

The background inquiry will look into the stepparent’s criminal history as well as any previous investigations by child protective agencies.

Additionally, fingerprinting and a search of the State and National Sex Offender Registries will be part of the background investigation.

The court typically mandates the home study and background check as part of the adoption procedure.

The findings of the background investigation and home study will be included in the adoption petition and presented to the court.

Home study and background check rules and procedures might differ from state to state, and the information above is particular to New Mexico.

A lawyer should always be consulted at every stage of the procedure to make sure that all necessary actions are completed and that all legal requirements are met.

Consent of the Biological Parent

For stepparents in New Mexico who want to adopt their stepchild, getting the biological parent’s consent is a crucial step in the adoption process. The biological parent’s approval is necessary for the adoption to move forward because it will end their legal connection to the child.

The parent who has primary physical custody of the child, known as the custodial parent, usually agrees to the adoption.

A permission form that is part of the adoption petition can usually be used to accomplish this.

The identity of the biological parent, the child, and the parent’s approval of the adoption will all normally be disclosed on the consent form.

The adoption may not go forward if the custodial parent does not approve of it.

The parent who does not have primary physical custody of the child, however, may occasionally have their rights terminated by the court in order to move through with the adoption.

Each state has its own laws and procedures for gaining consent, and the information above only applies to New Mexico.

A lawyer should always be consulted at every stage of the procedure to make sure that all necessary actions are completed and that all legal requirements are met.

Termination of the Biological Parent’s Rights

In order for stepparents in New Mexico to adopt their stepchildren, termination of the biological parent’s rights is a crucial step in the adoption procedure.

The legal procedure that eliminates the biological parent’s parental rights and designates the stepparent as the child’s legal parent is known as the termination of parental rights.

The biological parent will typically agree to the adoption and have their parental rights revoked as part of the adoption procedure.

The court may nevertheless terminate the biological parent’s rights even if they refuse to do so if doing so is in the child’s best interests.

A biological parent’s parental rights may be terminated by the court for a number of reasons, including abandonment, neglect, or abuse of the child.

A parent’s rights may also be terminated by the court if they stop communicating with their kid or stop providing emotional or financial assistance.

When a parent’s parental rights are terminated, they forfeit all of their legal obligations and rights to the child, including the ability to decide how the child will be raised, see the child, and inherit from the child.

The court will only do this if it is in the child’s best interest because terminating a biological parent’s rights is a serious and long-lasting action.

The foregoing information is particular to New Mexico, and it should be noted that state-by-state variations exist in the laws and processes governing the termination of the biological parent’s rights.

A lawyer should always be consulted at every stage of the procedure to make sure that all necessary actions are completed and that all legal requirements are met.

Finalization of the Adoption

For stepparents in New Mexico who want to adopt their stepchild, finalizing the adoption is the last step in the procedure. At this moment, the court issues a formal adoption decree, making the stepparent the child’s legal parent.

After the home study and background check are finished, the biological parent’s agreement is gained, and the biological parent’s rights are terminated, the adoption is often finalized.

To make sure that all legal criteria have been satisfied, the court will evaluate all of the documentation, including the adoption petition, the home study report, the background check, and any other pertinent documents.

A final adoption decree will be issued by the court once it is certain that all legal conditions have been satisfied.

This is a legal document that declares the stepparent to be the child’s legal parent and ends the biological parent’s parental rights.

The final adoption decree will be recorded in the court’s files and forwarded to the necessary administrative departments for processing.

Each state has its own rules and procedures for finalizing adoptions, and the information above only applies to New Mexico.

A lawyer should always be consulted at every stage of the procedure to make sure that all necessary actions are completed and that all legal requirements are met.

Curious about how much it would cost to adopt your stepchild? We put together an article just for you.

Should I Adopt My Stepchild?

A part of life is that many parents find themselves remarried with stepchildren. You may be asking yourself, should I adopt my stepchild?

You should adopt your stepchild if you are prepared for a lifelong commitment. Adoption is permanent, and you cannot change your mind should you and your spouse later decide to divorce. If you are prepared to love and honor your commitment to your adopted stepchild, you should adopt your stepchild.

If you are considering adopting your stepchild or stepchildren, there are some things you will want to think about before taking the plunge. It is safe to assume that you love your stepchild, so let’s go over some things to make sure you have covered all your bases.

It is important to remember that adopting your stepchild is a lifelong commitment. You may have a very good marriage now, but even good marriages can turn rocky.

At the beginning of a new marriage, you are in love and over the moon with happiness. Having romantic ideas of how the family dynamics will be is average and sets a positive path forward.

Just know that you cannot simply change your mind about the adoption down the road if your marriage does not work out.

If you are unwilling to continue the parent/child relationship if your marriage goes south, then you should not adopt your stepchild.

Should the marriage end in divorce, you will still need to have cordial communications with the child’s other parent to co-parent your child.

Other things to consider would be if your marriage ended in divorce, you would be financially responsible for half of the expense of raising the child.

After a divorce, you would still be tied to your spouse for life, as you would have a child together. Until the child turns 18 years of age, there will still be periods when the child resides with you.

No one wants to think about the possibility of divorce when things feel so right. Statistically, however, about half of all marriages end in divorce.

If you are not willing to make a lifelong commitment to a child, then you should not adopt the child.

Providing you do decide to proceed with the adoption of your stepchild, keep in mind that there are things you will want and need to do afterward to tie up any loose ends.

Do I Need a Lawyer to Adopt My Stepchild?

It’s a common question, do you need a lawyer to adopt your stepchild?

You do not need a lawyer to adopt your stepchild. Visit your local courthouse to acquire the required court forms and a list of requirements. Although you are not required to have an attorney to adopt your stepchild, hiring an attorney for any life-changing event is highly recommended.

You most certainly do not need an attorney to adopt your stepchild, as the process is a bit less complicated than other types of adoption.

Do-It-Yourself Stepparent Adoption in New Mexico

Attorneys are nice to have and can do the leg work for you, but you most certainly do not need an attorney to adopt your stepchild.

If you are feeling a bit lost and want more information on starting your adoption journey, you may want to visit New Mexico Adoption Requirements: Complete Guide.

Just keep in mind that many of the requirements will not apply to you if you are already residing with your stepchild.

Providing there is no anticipated legal battle from one of the biological parents, then one would be encouraged to obtain the court forms from your local courthouse, usually available to download online.

You may also wish to contact your local Department of Human Resources to speak to someone about how to process your adoption petition or reach out to your local courthouse.

Most courthouses have what is called a facilitator who helps guide you in the steps you need to take to complete legal processes without a lawyer.

Stepparent Adoption Contested by Biological Parent

Adopting a stepchild involves obtaining the permission of both biological parents. You will need the blessing of your spouse as well as the other parent.

How will the biological parent feel about the idea of a stepparent wanting to adopt their child? This depends on the relationship between the biological parent and the child.

There are times when the other parent will voluntarily terminate their rights to their child. Perhaps there is very little relationship between the parent and child.

If the stepparent has taken on the active parenting role, and if the biological parent recognizes their lack of involvement, they may agree to know the adoption decision is in the best interest of their child.

When the biological parent’s rights are terminated, it also frees them from court-ordered financial obligations.

Sadly, this can be a huge motivating factor for some biological parents to voluntarily terminate their rights to their children.

What do you do, though, if the biological parent refuses to give permission and contests the adoption? States will almost always only allow two parents to have parental rights to a child.

However, there have been a few cases where the courts have allowed three parents.

States are required to take the parental rights of the biological parent very seriously and will only terminate their parental rights if the parent is proven to be unfit, is not the true biological parent, or has in essence abandoned the child.

A parent can be found to be unfit for several reasons. Examples of an unfit parent can be things like being abusive or neglectful. Are they incarcerated or have they been incarcerated?

Is the biological parent’s home environment safe for this child? What type of people do they hang out with and have visited their home? Many things can deem a parent unfit.

For a parent to be accused of parental abandonment, the parent must not have spent any time with the child or paid child support in a very long time, usually a year.

If there is a question of paternity and it can be proven through the court system that the “biological” parent is not the parent, after all, that opens the door for adoption possibilities.

However, the rights tend to be placed with the biological parent, so that can be a tricky scenario.

Telling a Child Their Stepparent is Adopting Them

Depending on the age of this child being adopted, you will most certainly be excited to tell them the good news! In some states, a child over a certain age will need to permit to be adopted.

Not telling the child they are being adopted by the stepparent can create mistrust and hurt down the road, so think twice if you were planning on not telling them until later.

I strongly encourage you to not keep the adoption hidden from the child or children. Allow them the opportunity to be excited about being adopted! Involve them in the process and celebrate!

And hats off to you if you are a stepparent considering adopting your stepchild. It takes a huge heart and unconditional love to adopt a child that is not biologically yours.

And when you are helping raise a child, you are already a huge part of their life whether you make it official or not.

What are the Home Study Requirements for Stepparent Adoptions in New Mexico?

Prior to permitting an adoption to take place, a home study or home study is a screening of the home and lives of potential adoptive parents.

A home study is needed by legislation in some countries, as well as in all international adoptions. Even though it isn’t legally needed, an adoption agency may insist on it.

Stepparents can skip the “pre-placement study” (home visits, personal interviews, medical records, letters of reference, and other procedures that occur at the start of the adoption) and the “post-placement study” if they have been married for more than a year (a follow-up of many of the steps in the pre-placement study after the adoption is final).

Both the biological parent and the stepparent are not required to attend counseling sessions if they have been married for more than two years (but other counseling requirements may still apply).

Does the Stepchild Have to Consent to an Adoption in New Mexico?

A child who is fourteen (14) years and older must provide signed consent to their own adoption in New Mexico. Younger children are not required to give their consent.

You are encouraged to proceed with a stepparent adoption during a time when your stepchild will react favorably to knowing you are adopting them.

Important to remember when planning to adopt your stepchild is that it is likely your stepchild has been through quite a lot.

Absent biological parents not voluntarily involved in their child’s life can be a painful emotion to live with for your stepchild.

Another thing to consider is the timing of the stepparent adoption. Was there a divorce previous to your marriage with your stepchild’s parent that your stepchild is still reeling from?

Children often suffer emotionally from the loss of a biological parent. Even a marriage viewed as a positive step forward takes time for a child to adjust to. Consider letting the dust settle between major life events.

Can a Child Be Adopted Without the Father’s Consent in New Mexico?

Under citation code Ann. Stat. § 32A-5-17, a father’s consent to an adoption in the state of New Mexico involves the following.

Consent to adoption or relinquishment of parental rights to the department or an agency licensed by the State of New Mexico shall be required of the following:

  • The presumed father
  • The acknowledged father

A consent to adoption shall be implied by the court if the parent, without justifiable cause, has:

  • Left the child without provision for the child’s identification for a period of 14 days
  • Left the child with others, including the other parent or an agency, without provisions for support and without communication for a period of:
    • 3 months, if the child was under age 6 at the commencement of the 3‑month period
    • 6 months, if the child was over age 6 at the commencement of the 6‑month period

The consent to adoption shall not be required from:

  • A parent whose rights with reference to the child have been terminated
  • A parent who has relinquished the child to an agency for adoption
  • A biological father of a child conceived as a result of rape or incest
  • A person who has failed to respond when given notice pursuant to the provisions of § 32A‑5‑27
  • An alleged father who has failed to register with the putative father registry within 10 days of the child’s birth and is not otherwise the acknowledged father

Trina Greenfield, Author
SmackDown Media LLC
LinkedIn

About the Author:
Trina Greenfield, the owner of SmackDown Media LLC, is passionate about providing information to those considering growing their family. Trina is a seasoned writer, content creator, and website owner with a passion for unbiased research, educational platforms for children and adults, as well as all things family-related.