Yes, almost certainly. New Mexico defines abandonment as no meaningful contact for 6 months (NMSA 1978 § 32A-5-19). If the biological parent hasn't seen your child in over a year, that exceeds New Mexico's requirement.
This is by far the most common scenario in the adoptions we help with. Over 80% of our 34,000+ completed adoptions were done without the other parent's consent, based on abandonment just like your situation.
The process:
- We prepare an abandonment affidavit documenting the absence
- The biological parent is served with notice of the adoption
- They have a period to respond (they rarely do)
- The court terminates their parental rights and approves the adoption
You're in a strong position. When you're ready, start the questionnaire at stepparentadoption360.com/portal/register.
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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