How old do you have to be to adopt in New Mexico?

In New Mexico, if you are adopting an adult, you must be at least 18. If you are adopting a child, such as your stepchild, the statutes we reviewed set no specific minimum age. Instead, the District Court decides whether you are a suitable adoptive parent.

Adopting a child (including a stepchild). The test is court approval of you as a suitable adoptive parent under NMSA 1978 § 32A-5-11. We did not find a set number of years in that law, so if you are wondering whether your age could matter, the District Court clerk in your county can confirm it. The same goes for any required age difference between you and the child. If your situation is unusual, an attorney can advise you on that specific question.

Adopting an adult. New Mexico handles adult adoption under a separate law. The adopter must be an "adult," meaning 18 or older (NMSA 40-14-2(B) and NMSA 40-14-5(B)). Other points to know:

• The adopter must be a New Mexico resident. That means living in the state for at least six months immediately before filing, or being domiciled there with the intent to remain indefinitely.
• The court must approve the adopter as a suitable adoptive parent.
• The adult being adopted must give written consent, signed before and approved by a judge.
• The petition goes to the District Court. A hearing is required, and at least 30 days must pass after filing.
• Adult adoptions typically take about 4-8 weeks.

Other things the court looks at in a stepparent adoption of a child.

• Residency: New Mexico has no minimum residency period for child adoptions (NMSA 1978 § 32A-5-11).
• Child's consent: A child who is 14 or older must consent (NMSA 1978 § 32A-5-17).
• Abandonment: If the other parent's rights are being ended on the basis of abandonment, the period is 6 months (NMSA 1978 § 32A-5-15(B)(1)).
• Home study: It is waived in stepparent adoptions (NMSA 1978 §§ 32A-5-14, 32A-5-31).
• Timeline: Stepparent adoptions typically take about 3-6 months.
• Cost: Court filing fees typically run $150-$300, and the total is typically under $1,000. Hiring an attorney typically costs $3,000-$5,000+.

Contested or unclear situations. If the other parent may object, or you don't know where they are, the right steps depend on your facts. Ask the District Court clerk in your county or an attorney about that specific issue.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child (or for one adult adoptee) and $99 for each additional child.