Adoption Consent Form - New Mexico

PARENTAL CONSENT TO ADOPTION AND RELINQUISHMENT OF PARENTAL RIGHTS

(New Mexico – NMSA 1978, § 32A-5 et seq.)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Consent Timing
   3.2 Revocation / Withdrawal of Consent
   3.3 Irrevocability and Waiver of Further Notice
   3.4 Counseling Acknowledgment
   3.5 Best Interests Statement

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies (Intentionally Omitted – Not Applicable)
7. Risk Allocation (Intentionally Omitted – No Indemnification or Liability Caps)
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Parental Consent to Adoption and Relinquishment of Parental Rights (this “Consent”) is executed and delivered on [DATE] (“Effective Date”) by:

• [LEGAL NAME OF CONSENTING PARENT], residing at [ADDRESS] (“Consenting Parent” or “Parent”); and
• [LEGAL NAME OF ADOPTION AGENCY / PETITIONER], a [STATE] [ENTITY TYPE] with its principal office at [ADDRESS] (“Agency/Petitioner”).

Recitals
A. Parent is the biological/legal [mother/father] of the minor child identified below.
B. Petitioner seeks to adopt said child pursuant to the New Mexico Adoption Act, NMSA 1978, § 32A-5-1 et seq.
C. Parent desires voluntarily to relinquish all parental rights and to consent irrevocably (subject to the limited statutory withdrawal rights described herein) to the adoption of the child by Petitioner or such other person(s) as the Court may approve.

2. DEFINITIONS

For purposes of this Consent, the following terms shall have the meanings indicated:

“Act” means the New Mexico Adoption Act, NMSA 1978, § 32A-5-1 et seq.
“Child” means [CHILD’S FULL LEGAL NAME], born [DATE OF BIRTH] in [CITY/COUNTY], New Mexico.
“Court” means the [NAME OF DISTRICT COURT] sitting in and for [COUNTY] County, New Mexico having jurisdiction over the adoption proceeding.
“Counselor” means the statutorily-qualified individual who provided the pre-consent counseling required under § 32A-5-22 of the Act, unless the court waived a counseling requirement for good cause.
“Petitioner” has the meaning set forth in Section 1.

3. OPERATIVE PROVISIONS

3.1 Consent Timing

Parent affirms that:
a. Parent executes this Consent no earlier than forty-eight (48) hours after the Child’s birth, as required by NMSA 1978, § 32A-5-21(G); and
b. Parent was not subject to undue influence, coercion, duress, or fraud when executing this Consent.

3.2 Revocation / Withdrawal of Consent

a. Before entry of the adoption decree, this Consent may be withdrawn only if the Court finds, after notice and an opportunity to be heard for the persons specified in NMSA 1978 § 32A-5-21(H), that the Consent was obtained by fraud. There is no automatic thirty-day withdrawal period.
b. After entry of the adoption decree, this Consent may not be withdrawn under § 32A-5-21(H).

3.3 Irrevocability and Waiver of Further Notice

Subject to Section 3.2, Parent irrevocably:
i. Relinquishes all parental rights, privileges, and obligations with respect to the Child;
ii. Consents to the adoption of the Child by Petitioner (or such substitute adoptive parent(s) as the Court determines); and
iii. Waives further notice of any adoption or termination proceedings concerning the Child.

3.4 Counseling Acknowledgment

Parent affirms that prior to signing this Consent:
a. Parent received required counseling by a qualified Counselor regarding the consequences of relinquishment and adoption, alternatives to adoption, and the legal effect of this Consent, as provided in § 32A-5-22, unless the Court waived a counseling requirement for good cause;
b. Parent received a copy of the Counselor’s written report; and
c. Parent was advised of the right to independent legal counsel, and either (i) retained counsel of choice, or (ii) knowingly and voluntarily waived that right.

3.5 Best Interests Statement

Parent believes execution of this Consent is in the best interests of the Child and promotes the Child’s permanent placement in a loving, stable home, consistent with §§ 32A-5-2 and 32A-5-17 of the Act.

4. REPRESENTATIONS & WARRANTIES

Parent represents and warrants that, as of the Effective Date:

4.1 Parent is the sole individual whose consent is required for the Child’s adoption or, if other consents are required, Parent has identified all such persons in writing to Petitioner.
4.2 No other person or agency has physical or legal custody of the Child.
4.3 There is no pending litigation or outstanding order affecting custody, parentage, or guardianship of the Child other than the adoption proceeding referenced herein.
4.4 Parent is at least eighteen (18) years of age or is an emancipated minor authorized to consent under § 32A-5-17(A).
4.5 All information provided to Petitioner or the Court with respect to Parent, the Child, and the circumstances of the Child’s conception and birth is true, complete, and accurate.
4.6 These representations survive execution and filing of this Consent.

5. COVENANTS & RESTRICTIONS

5.1 Cooperation. Parent shall execute such additional instruments and take such actions as the Court or Petitioner may reasonably request to carry out the intentions of this Consent.
5.2 Non-Interference. Parent shall not interfere with, contest, or otherwise impede the adoption of the Child except as expressly permitted under Section 3.2.
5.3 Confidentiality. Parent shall maintain the confidentiality of prospective adoptive parents’ identities except as required by law or Court order.

6. DEFAULT & REMEDIES

(Intentionally Omitted – Not Applicable to this one-party consent form beyond statutory withdrawal rights.)

7. RISK ALLOCATION

(Intentionally Omitted – The metadata specifies no indemnification or liability caps.)

8. DISPUTE RESOLUTION

8.1 Governing Law. This Consent is governed by the laws of the State of New Mexico, including the Act, without regard to conflict-of-laws principles.
8.2 Forum Selection. Any motion, petition, or proceeding relating to this Consent shall be brought exclusively in the [NAME OF DISTRICT COURT], sitting in [COUNTY] County, New Mexico (the “Family Court”).
8.3 Arbitration. Arbitration is not available for matters arising under this Consent.
8.4 Jury Waiver. Matters arising hereunder shall be adjudicated by the Family Court without a jury pursuant to state family-law procedure.
8.5 Injunctive Relief. The Family Court retains continuing jurisdiction to enter such orders as may be necessary to protect the Child’s permanent placement and best interests.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This Consent, together with any statutorily required attachments, constitutes the entire understanding between Parent and Petitioner concerning the subject matter hereof.
9.2 Amendment. No modification of this Consent is effective unless in writing, signed by Parent, and approved by the Court in accordance with the Act.
9.3 Severability. If any provision of this Consent is held invalid or unenforceable, the remainder shall be enforced to the fullest extent permitted by law.
9.4 Successors and Assigns. This Consent is binding upon Parent and Parent’s heirs, legal representatives, and assigns, and inures to the benefit of Petitioner and any court-approved adoptive parent(s).
9.5 Electronic Signatures. Signatures transmitted by facsimile, email in PDF format, or other electronic means intended to authenticate this Consent are deemed original signatures under the New Mexico Uniform Electronic Transactions Act.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, Parent executes this Consent as of the Effective Date.

Judicial execution required: Under NMSA 1978 § 32A-5-23(A), Parent must sign before a judge with adoption jurisdiction, and that judge must approve the Consent on the record. A notary acknowledgment alone does not satisfy this requirement.

_______________________________
[LEGAL NAME OF CONSENTING PARENT]
Consenting Parent

Date: _________________________

Supplemental notary acknowledgment, if applicable under NMSA 1978 § 32A-5-21(F); judicial approval below remains required

STATE OF NEW MEXICO )
) ss.
COUNTY OF __________ )

On this ____ day of ____________, 20__, before me, the undersigned Notary Public, personally appeared [LEGAL NAME OF CONSENTING PARENT], known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same for the purposes therein contained.

_______________________________
Notary Public
My Commission Expires: _________

[SEAL]

Judge's approval on the record (NMSA 1978 § 32A-5-23(A))

Court: [________________________________] Case No.: [________________________________]

The Consenting Parent signed this Consent before me on [__/__/____]. I approve the Consent on the record.

_________________________________ Date: [__/__/____]
Judge with adoption jurisdiction