How do I adopt an adult in New Mexico?

To adopt an adult in New Mexico, you file a petition in the District Court. The adult you want to adopt must agree in writing, and a judge must approve the adoption after a hearing. Adult adoptions fall under New Mexico's separate Adult Adoption Act, not the rules for adopting children (NMSA 40-14-2, NMSA 40-14-3).

Who can be adopted and who can adopt: An adult is anyone 18 or older. The adopter must be a New Mexico resident and an adult whom the court approves as a suitable adoptive parent (NMSA 40-14-5). The Act does not set a relative, stepchild, prior-relationship, age-gap or spouse-bar condition.

Residency: A "resident" is someone who has lived in New Mexico for at least six months right before filing, or who is domiciled in the state with the intent to remain indefinitely (NMSA 40-14-2). You can file in any county where a petitioner or the adoptee lives (NMSA 40-14-4).

Consent: Only the adoptee must consent, or a person legally authorized to consent if the adoptee is incapacitated (NMSA 40-14-6).

• The consent must be in writing, signed before a judge, and approved by that judge.
• Once the decree is entered it cannot be withdrawn. Before the decree, it can be withdrawn only for fraud.
• If you are married, your spouse generally joins the petition. The exceptions are a spouse who is the adoptee's parent, spouses who are legally separated, or a case where the court excuses it (NMSA 40-14-5).
• The adoptee's parents, the adoptee's spouse and any spouse who does not join the petition must be served with it. They may contest it, but they do not have a right to consent (NMSA 40-14-9).

What the petition says: It must describe your relationship with the adoptee, how long it has lasted, what it is like, and why you want the adoption (NMSA 40-14-7).

Hearing and timing: A hearing is required. You and the adoptee must attend unless the court waives your appearance for good cause. The judge decides on clear and convincing evidence, and at least 30 days must pass after filing (NMSA 40-14-12). Adult adoptions here typically take 4-8 weeks.