45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO PARENTAL RIGHTS; CREATING THE CRIME OF DEPRIVATION OF A PARENT'S RIGHT TO ESTABLISH PARENTAL RELATIONSHIP WITH A CHILD; PROVIDING DEFENSES; PROVIDING A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 30, Article 4 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DEPRIVATION OF A PARENT'S RIGHT TO ESTABLISH A PARENTAL RELATIONSHIP WITH A CHILD--DEFENSES--PENALTY.--

A. Deprivation of a parent's right to establish a parental relationship with a child consists of a person maliciously withholding from a biological parent of a child, during the period from birth until the child is six months old, the fact of the birth of the child, the existence of the child or the whereabouts of the child in the absence of the order of a court of competent jurisdiction authorizing or ordering the person to withhold the pertinent information. Whoever commits the crime of deprivation of a parent's right to establish a parental relationship with a child is guilty of a misdemeanor.

B. It is a defense to the crime of deprivation of a parent's right to establish a parental relationship with a child if the defendant establishes that:

(1) the identity or the whereabouts, or both, of the parent claiming deprivation of the right was unknown to the defendant; and

(2) the defendant made reasonable search and inquiry to establish the identity or whereabouts, or both, of the parent, and either gave adequate written notice to that person by mail of the birth, existence and whereabouts of the child, or based on an affidavit of the defendant setting forth the efforts made to identify and give actual notice, the defendant proves that legal notice was given by publication in the manner required by Rule 1-004 NMRA 2001, for service by publication.

C. The provisions of Subsection A of this section apply only in the case of a child born as the result of voluntary natural insemination and do not apply to births resulting from rape, incest or from fertilization accomplished without the mother knowing the identity of the biological father."