What if the biological parent lives in New Mexico but I live in another state?
New MexicoYou file where YOU and the child live — not where the biological parent lives. If you live in another state but the biological parent is in New Mexico, the adoption is filed in YOUR state, not New Mexico.
However, if you and the child live in New Mexico:
- You file in New Mexico District Court
- The biological parent can be served anywhere — in New Mexico or in another state
- The adoption follows New Mexico law regardless of where the other parent lives
- 6 months residency required (NMSA 1978 § 32A-5-11)
If the biological parent lives in New Mexico and you live elsewhere:
- You file in YOUR state's court
- The biological parent is served at their New Mexico address
- New Mexico's laws do not govern — your state's laws do
- Contact us and we'll prepare documents for your state
Cross-state service of process:
- A sheriff or process server in New Mexico can serve the biological parent
- If the parent is cooperative, they can sign consent and have it notarized in New Mexico
- If the parent's location in New Mexico is unknown, service by publication may be used
Cost: $349 regardless of which state | Call (855) 924-0450 to discuss your multi-state situation.
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