In most cases, no. Over 80% of the 34,000+ adoptions we've helped complete were finalized without the other parent's consent.
In New Mexico, if the biological parent has had no meaningful contact with the child for 6 months or more, the court may consider this abandonment under NMSA 1978 § 32A-5-19. This is extremely common — over 80% of the 34,000+ adoptions we've helped complete were finalized without the other parent's consent.
Important: "Token contact" like an occasional phone call or one brief visit does NOT count as meaningful contact. And paying child support does NOT negate abandonment — abandonment is about the relationship with the child, not financial obligations. The termination of parental rights can be handled within the same adoption proceeding.
If the biological father does agree to the adoption, he can sign a voluntary consent form, which makes the process simpler and sometimes faster. But even without consent, the adoption can and usually does proceed based on abandonment.
We include all the necessary documents — whether for consensual adoption or abandonment-based adoption — in your package.
Stepparent adoption in New Mexico at a glance
- Court
- District Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Court filing fee
- $150-$300
- Child must consent at age
- 14
- Home study
- Usually waived for stepparents
- New Mexico families we've helped
- 563
Adoption document specialists · 25+ years of experience · 34,000+ families helped.
Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.
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