Is there an age limit for adult adoption in New Mexico?

New Mexico's adult adoption law sets a starting age of 18 for both the person being adopted and the adopter. "Any adult may be adopted," and an "adult" is someone 18 or older (NMSA 40-14-2(B)).

Age of the person being adopted: The adoptee must be 18 or older. Anyone younger falls under New Mexico's rules for minor adoption, which are separate and work differently. If you are asking about a maximum age, the wording of the law is simply "any adult," and the District Court clerk in your county can confirm anything beyond that.

Age of the adopter: The adopter must also be an adult, meaning 18 or older, and must be a New Mexico resident whom the court approves as a suitable adoptive parent (NMSA 40-14-5(B)).

Age gap: New Mexico's Adult Adoption Act does not set an age-gap condition. It also does not require that you be a relative or a stepparent, or that you have a particular prior relationship. Your petition does need to describe your relationship with the adoptee, how long it has lasted and what it has been like, and the reason for the adoption (NMSA 40-14-7).

Other requirements that matter more than age:

• Court: The case is filed in District Court, in any county where a petitioner or the adoptee lives (NMSA 40-14-4).
• Residency: Adopters must be residents. That means living in New Mexico for at least six months immediately before filing, or being domiciled there with the intent to remain indefinitely (NMSA 40-14-2).
• Consent: The adoptee must consent in writing, signed before a judge and approved by the judge. If you are married, your spouse generally needs to join the petition, with exceptions such as when the spouse is the adoptee's parent or the court excuses it (NMSA 40-14-6, NMSA 40-14-5(B)