Can I adopt my stepchild if I'm in a same-sex marriage in New Mexico?

Yes. If you're in a same-sex marriage, you can petition to adopt your stepchild in New Mexico, and you follow the same steps as any other stepparent adoption, filed in the District Court. If your situation has unusual facts, the District Court clerk in your county or an attorney can confirm how they apply to you.

What the process looks like in New Mexico:

• Court: Your petition is filed in the District Court. New Mexico has 33 counties, and your documents should be prepared for the county where you file.
• Residency: New Mexico sets no minimum residency period for this petition (NMSA 1978 § 32A-5-11).
• Your spouse's consent: The petition package includes your spouse's consent to the adoption, along with the Petition for Adoption.
• The other parent: The package includes either consent forms or a motion to dispense with consent. Where the other parent has abandoned the child, New Mexico's abandonment provision refers to a period of 6 months (NMSA 1978 § 32A-5-15(B)(1)). If the other parent's rights or whereabouts are uncertain, or if anyone might contest the adoption, ask the court clerk or an attorney about your specific case.
• Child's consent: A child who is 14 or older must consent (NMSA 1978 § 32A-5-17).
• Home study: A home study is waived in a stepparent adoption (NMSA 1978 §§ 32A-5-14, 32A-5-31).
• Serving the other parent: Service can be made personally by a sheriff or process server. If the other parent's location is unknown, service by publication is allowed.

Timeline and cost: A stepparent adoption in New Mexico typically takes 3-6 months. Court filing fees generally run $150-$300, and the total cost is typically under $1,000. Attorney representation for the same process often costs $3,000-$5,000+. Your county's District Court clerk can confirm the current filing fee for your petition.