Can both my spouse and I adopt each other's children from prior relationships in New Mexico?

Yes, in New Mexico each spouse can ask the District Court to adopt the other's child through a stepparent adoption, so both of you can become legal parents to all of the children. Whether the two adoptions are filed together or one after the other is something the District Court clerk in your county can confirm, since local filing practice can differ among New Mexico's 33 counties.

How it works: Each adoption is its own stepparent adoption under New Mexico Statutes Annotated Chapter 32A, Article 5. You adopt your spouse's child, and your spouse adopts yours. Each adoption has its own petition, consents and paperwork.

What each adoption involves:

• Petition and consents: The package includes a Petition for Adoption, consent forms (or a motion to dispense with consent), and your spouse's consent to the adoption. In a cross-adoption, each of you signs as the spouse of the adopting parent.
• Children 14 and older: A child who is 14 or older must consent under NMSA 1978 § 32A-5-17.
• The other legal parent: For each child, the other parent either consents or the court is asked to dispense with consent. New Mexico's abandonment provision uses a six-month period (NMSA 1978 § 32A-5-15(B)(1)). If a parent is contested, can't be found, or you aren't sure whether the abandonment provision applies, ask the clerk or an attorney about that child's situation. The answer depends on the facts.
• Service: Notice can be given by personal service through the sheriff or a process server, or by publication if a parent's location is unknown.
• Residency: New Mexico sets no minimum residency period for these petitions (NMSA 1978 § 32A-5-11).
• Home study: It is waived (NMSA 1978 §§ 32A-5-14, 32A-5-31).

If a child is already an adult: Adopting someone 18 or older falls under a separate law, the Adult Adoption Act, not Article 5.