New Mexico Adoption Law
Permits single LGBT individuals to petition to adopt? Yes.
New Mexico law permits any individual or married couple to petition to adopt. (N.M. STAT. ANN. § 32A-5-11)
Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt. Also, it appears that the New Mexico Children, Youth and Families Department permits same-sex couples to jointly petition to adopt because of their use of gender neutral and “partner” language on the application for adoption. See the Application for Adoption.
Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, and some lower courts have allowed second-parent adoptions to proceed. No state court, however, has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.
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Last Updated: 12/10/2009