Can I adopt my stepchild who is a newborn or infant in New Mexico?

Yes. You can ask a New Mexico District Court to approve your adoption of a newborn or infant stepchild, and the court decides whether to grant it. We have helped 563 New Mexico families with stepparent adoption.

Residency: New Mexico sets no minimum residency period for filing (NMSA 1978 § 32A-5-11). A new baby and a recent move do not hold you up on that point.

Your marriage and your spouse: The filing includes your spouse's consent to the adoption. If you married after the baby was born, the court clerk in your county can tell you whether anything else applies to your situation.

The child's consent: New Mexico's age for a child's own consent is 14 (NMSA 1978 § 32A-5-17). A newborn or infant is far younger, so the child's consent is not part of your case.

The other biological parent: This is the part that most affects a baby's adoption. The other parent generally either signs a consent form, or you ask the court to dispense with consent. New Mexico's abandonment provision refers to a period of six months (NMSA 1978 § 32A-5-15(B)(1)). How that applies to a very young baby, or to a parent who is unknown or has never been involved, depends on the facts. For that question, talk to the District Court clerk or an attorney. If the other parent can't be found, New Mexico allows service by publication when their location is unknown. Personal service by a sheriff or process server is also allowed.

Home study: A home study is waived in New Mexico stepparent adoptions (NMSA 1978 §§ 32A-5-14, 32A-5-31). You don't need to schedule a social worker visit with a newborn in the house.

Timeline and cost:

• The typical stepparent adoption takes about 3-6 months.
• Court filing fees usually run $150-$300, and the total is typically under $1,000.
• Hiring an attorney commonly costs $3,000-$5,000+.
• You file in the District Court in your