How do I adopt my stepchild if the biological mother won't sign in New Mexico?

The same process applies regardless of whether it's the biological mother or father who refuses. Over 80% of our adoptions proceed without the other parent's consent.

If the biological mother has abandoned the child:

• No meaningful contact for 6+ months constitutes abandonment under NMSA 1978 § 32A-5-19
• "Token contact" (an occasional call or text) does not negate abandonment
• Paying child support does not negate abandonment
• The District Court can terminate her rights based on abandonment

If the biological mother is present but refuses consent:

• This is a more complex situation
• The court evaluates her actual involvement with the child
• If she has been marginally involved, the case can still proceed
• If she is actively involved, this may require a contested hearing

The process:

1. We prepare an abandonment affidavit documenting the mother's absence

2. She is served with the adoption petition

3. She has a set period to respond

4. If she does not respond, the adoption proceeds

5. If she responds and contests, a hearing is scheduled

In New Mexico, termination can be handled within the adoption proceeding.

Cost: $349 | Timeline: 3-6 months | Call (855) 924-0450