HOUSE BILL 373
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Pamelya Herndon
AN ACT
RELATING TO FAMILY LAW; ENACTING THE REVISED UNIFORM PARENTAGE ACT; CLARIFYING THE DETERMINATION OF PARENTAGE, ASSISTED REPRODUCTION AND SURROGACY AGREEMENTS; PROVIDING PENALTIES; AMENDING SECTIONS OF THE NMSA 1978; REPEALING THE NEW MEXICO UNIFORM PARENTAGE ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
ARTICLE 1
GENERAL PROVISIONS
SECTION 1. A new Section 40-11B-101 NMSA 1978 is enacted to read:
"40-11B-101. [NEW MATERIAL] SHORT TITLE.--Chapter 40, Article 11B NMSA 1978 may be cited as the "Revised Uniform Parentage Act"."
SECTION 2. A new Section 40-11B-102 NMSA 1978 is enacted to read:
"40-11B-102. [NEW MATERIAL] DEFINITIONS.--As used in the Revised Uniform Parentage Act:
A. "acknowledged parent" means an individual who has established a parent-child relationship pursuant to Article 3 of the Revised Uniform Parentage Act;
B. "adjudicated parent" means an individual who has been adjudicated to be a parent of a child by a court with jurisdiction;
C. "alleged genetic parent" means an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated; "alleged genetic parent" includes an alleged genetic father and alleged genetic mother; "alleged genetic parent" does not include:
(1) a presumed parent;
(2) an individual whose parental rights have been terminated or declared not to exist; or
(3) a donor;
D. "assisted reproduction" means a method of causing pregnancy other than sexual intercourse; "assisted reproduction" includes:
(1) intrauterine or intracervical insemination;
(2) donation of gametes;
(3) donation of embryos;
(4) in-vitro fertilization and transfer of embryos; and
(5) intracytoplasmic sperm injection;
E. "birth" includes stillbirth;
F. "bureau" means the vital records and health statistics bureau of the department of health;
G. "child" means an individual of any age whose parentage may be determined pursuant to the Revised Uniform Parentage Act;
H. "court" means a district court except when referring to a court in a jurisdiction other than New Mexico;
I. "day" means a calendar day;
J. "determination of parentage" means establishment of a parent-child relationship by a judicial or administrative proceeding or signing of a valid acknowledgment of parentage pursuant to Article 3 of the Revised Uniform Parentage Act;
K. "dissolution of marriage" means:
(1) a declaration that a marriage is void; or
(2) a decree of dissolution of marriage;
L. "donor" means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration; "donor" does not include:
(1) a woman who gives birth to a child conceived by assisted reproduction, except as otherwise provided in Article 8 of the Revised Uniform Parentage Act; or
(2) a parent pursuant to Article 7 of the Revised Uniform Parentage Act or an intended parent pursuant to Article 8 of that act;
M. "electronic" means relating to technology having electromagnetic, digital, wireless, optical, electrical, magnetic or similar capabilities;
N. "gamete" means sperm, egg or any part of sperm or egg;
O. "genetic testing" means an analysis of genetic markers to identify or exclude a genetic relationship;
P. "individual" means a natural person of any age;
Q. "intended parent" means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction;
R. "man" means a male individual of any age;
S. "notarial officer" means a notarial officer as defined in Section 14-14A-2 NMSA 1978;
T. "parent" means an individual who has established a parent-child relationship pursuant to Section 40-11B-201 NMSA 1978;
U. "parentage" or "parent-child relationship" means the legal relationship between a child and a parent of the child;
V. "presumed parent" means an individual who, pursuant to Section 40-11B-204 NMSA 1978, is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made pursuant to Article 3 of the Revised Uniform Parentage Act or a court adjudicates the individual to be a parent;
W. "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
X. "separation" means a decree of separation or of separate maintenance;
Y. "sign" means, with present intent to authenticate or adopt a record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an electronic symbol, sound or process;
Z. "signatory" means an individual who signs a record;
AA. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession under the jurisdiction of the United States; "state" includes a federally recognized Indian nation, tribe or pueblo;
BB. "support-enforcement agency" means the health care authority designated pursuant to Section 27-2-27 NMSA 1978 as the single state agency for the enforcement of child and spousal support obligations pursuant to Title IV D of the federal Social Security Act and any other public official or agency authorized to seek:
(1) enforcement of support orders or laws relating to the duty of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) location of child-support obligors and their income and assets;
CC. "transfer" means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the woman who will give birth to the child;
DD. "witnessed" means that at least one individual who is authorized to sign has signed a record to verify that the individual personally observed a signatory sign the record; and
EE. "woman" means a female individual of any age."
SECTION 3. A new Section 40-11B-103 NMSA 1978 is enacted to read:
"40-11B-103. [NEW MATERIAL] SCOPE.--
A. The Revised Uniform Parentage Act applies to an adjudication or determination of parentage.
B. The Revised Uniform Parentage Act does not create, affect, enlarge or diminish parental rights or duties pursuant to the Children's Code or other law of New Mexico other than the Revised Uniform Parentage Act. The definition or use of terms in the Revised Uniform Parentage Act shall not be used to interpret, by analogy or otherwise, the same or other terms in the Adoption Act or other law of New Mexico other than the Revised Uniform Parentage Act."
SECTION 4. A new Section 40-11B-104 NMSA 1978 is enacted to read:
"40-11B-104. [NEW MATERIAL] AUTHORIZED COURT.--The court may adjudicate parentage pursuant to the Revised Uniform Parentage Act and has jurisdiction over all actions pursuant to that act."
SECTION 5. A new Section 40-11B-105 NMSA 1978 is enacted to read:
"40-11B-105. [NEW MATERIAL] APPLICABLE LAW.--The court shall apply the law of New Mexico to adjudicate parentage. The applicable law does not depend on:
A. the place of birth of the child; or
B. the past or present residence of the child."
SECTION 6. A new Section 40-11B-106 NMSA 1978 is enacted to read:
"40-11B-106. [NEW MATERIAL] DATA PRIVACY.--A proceeding pursuant to the Revised Uniform Parentage Act is subject to law of New Mexico other than that act that governs the health, safety, privacy and liberty of a child or other individual who could be affected by disclosure of information that could identify the child or other individual, including address, telephone number, digital contact information, place of employment, social security number and the child's daycare facility or school."
SECTION 7. A new Section 40-11B-107 NMSA 1978 is enacted to read:
"40-11B-107. [NEW MATERIAL] ESTABLISHMENT OF MATERNITY AND PATERNITY.--To the extent practicable, a provision of the Revised Uniform Parentage Act applicable to a father-child relationship applies to a mother-child relationship, and a provision of that act applicable to a mother-child relationship applies to a father-child relationship."
ARTICLE 2
PARENT-CHILD RELATIONSHIP
SECTION 8. A new Section 40-11B-201 NMSA 1978 is enacted to read:
"40-11B-201. [NEW MATERIAL] ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.--A parent-child relationship is established between an individual and a child if:
A. the individual gives birth to the child, except as otherwise provided in Article 8 of the Revised Uniform Parentage Act;
B. there is a presumption pursuant to Section 40-11B-204 NMSA 1978 of the individual's parentage of the child, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made pursuant to Article 3 of the Revised Uniform Parentage Act;
C. the individual is adjudicated a parent of the child pursuant to Article 6 of the Revised Uniform Parentage Act;
D. the individual adopts the child;
E. the individual acknowledges parentage of the child pursuant to Article 3 of the Revised Uniform Parentage Act, unless the acknowledgment is rescinded pursuant to Section 40-11B-308 NMSA 1978 or successfully challenged pursuant to Article 3 or 6 of that act;
F. the individual's parentage of the child is established pursuant to Article 7 of the Revised Uniform Parentage Act; or
G. the individual's parentage of the child is established pursuant to Article 8 of the Revised Uniform Parentage Act."
SECTION 9. A new Section 40-11B-202 NMSA 1978 is enacted to read:
"40-11B-202. [NEW MATERIAL] NO DISCRIMINATION BASED ON MARITAL STATUS OF PARENT.--A parent-child relationship extends equally to every child and parent, regardless of the marital status of the parent."
SECTION 10. A new Section 40-11B-203 NMSA 1978 is enacted to read:
"40-11B-203. [NEW MATERIAL] CONSEQUENCES OF ESTABLISHING PARENTAGE.--Unless parental rights are terminated or extinguished by relinquishment and decree of adoption pursuant to the Children's Code, a parent-child relationship established pursuant to the Revised Uniform Parentage Act applies for all purposes, except determinations of parental rights pursuant to the Children's Code or as otherwise provided by law of New Mexico other than the Revised Uniform Parentage Act."
SECTION 11. A new Section 40-11B-204 NMSA 1978 is enacted to read:
"40-11B-204. [NEW MATERIAL] PRESUMPTION OF PARENTAGE.--
A. An individual is presumed to be a parent of a child if:
(1) except as otherwise provided pursuant to Article 8 of the Revised Uniform Parentage Act or law of New Mexico other than that act:
(a) the individual and the woman who gave birth to the child are married to each other and the child is born during the marriage, regardless of whether the marriage is or could be declared invalid;
(b) the individual and the woman who gave birth to the child were married to each other and the child is born not later than three hundred days after the marriage is terminated by death or dissolution of marriage or after separation, regardless of whether the marriage is or could be declared invalid; or
(c) the individual and the woman who gave birth to the child married each other after the birth of the child, regardless of whether the marriage is or could be declared invalid, the individual at any time asserted parentage of the child and: 1) the assertion is in a record filed with the bureau; or 2) the individual agreed to be and is named as a parent of the child on the birth certificate of the child; or
(2) the individual resided in the same household with the child for the first two years of the life of the child, including any period of temporary absence, and openly held out the child as the individual's child.
B. A presumption of parentage pursuant to this section may be overcome, and competing claims to parentage may be resolved, only by an adjudication pursuant to Article 6 of the Revised Uniform Parentage Act or a valid denial of parentage pursuant to Article 3 of that act. Overcoming a presumption of parentage pursuant to the Revised Uniform Parentage Act does not apply to a presumption of parentage established pursuant to the Adoption Act."
ARTICLE 3
VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE
SECTION 12. A new Section 40-11B-301 NMSA 1978 is enacted to read:
"40-11B-301. [NEW MATERIAL] ACKNOWLEDGMENT OF PARENTAGE.--A woman who gave birth to a child and an alleged genetic father of the child, intended parent pursuant to Article 7 of the Revised Uniform Parentage Act or presumed parent may sign an acknowledgment of parentage to establish the parentage of the child."
SECTION 13. A new Section 40-11B-302 NMSA 1978 is enacted to read:
"40-11B-302. [NEW MATERIAL] EXECUTION OF ACKNOWLEDGMENT OF PARENTAGE.--
A. An acknowledgment of parentage pursuant to Section 40-11B-301 NMSA 1978 shall:
(1) be in a record signed by the woman who gave birth to the child and by the individual seeking to establish a parent-child relationship, and the signatures shall be attested by a notarial officer or witnessed;
(2) state that the child whose parentage is being acknowledged:
(a) does not have a presumed parent other than the individual seeking to establish the parent-child relationship or has a presumed parent whose full name is stated; and
(b) does not have another acknowledged parent, adjudicated parent or individual who is a parent of the child pursuant to Article 7 or 8 of the Revised Uniform Parentage Act other than the woman who gave birth to the child; and
(3) state that the signatories understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred two years after the effective date of the acknowledgment.
B. An acknowledgment of parentage is void if, at the time of signing:
(1) an individual other than the individual seeking to establish parentage is a presumed parent, unless a denial of parentage by the presumed parent in a signed record is filed with the bureau; or
(2) an individual other than the woman who gave birth to the child or the individual seeking to establish parentage is an acknowledged or adjudicated parent or a parent pursuant to Article 7 or 8 of the Revised Uniform Parentage Act."
SECTION 14. A new Section 40-11B-303 NMSA 1978 is enacted to read:
"40-11B-303. [NEW MATERIAL] DENIAL OF PARENTAGE.--A presumed parent or alleged genetic parent may sign a denial of parentage in a record. The denial of parentage is valid only if:
A. an acknowledgment of parentage by another individual is filed pursuant to Section 40-11B-305 NMSA 1978;
B. the signature of the presumed parent or alleged genetic parent is attested by a notarial officer or witnessed; and
C. the presumed parent or alleged genetic parent has not previously:
(1) completed a valid acknowledgment of parentage, unless the previous acknowledgment was rescinded pursuant to Section 40-11B-308 NMSA 1978 or challenged successfully pursuant to Section 40-11B-309 NMSA 1978; or
(2) been adjudicated to be a parent of the child."
SECTION 15. A new Section 40-11B-304 NMSA 1978 is enacted to read:
"40-11B-304. [NEW MATERIAL] RULES FOR ACKNOWLEDGMENT OR DENIAL OF PARENTAGE.--
A. An acknowledgment of parentage and a denial of parentage may be contained in a single document or may be in counterparts and may be filed with the bureau separately or simultaneously. If filing of the acknowledgment and denial both are required pursuant to the Revised Uniform Parentage Act, neither is effective until both are filed.
B. An acknowledgment of parentage or denial of parentage may be signed before or after the birth of the child.
C. Subject to Subsection A of this section, an acknowledgment of parentage or denial of parentage takes effect on the birth of the child or filing of the document with the bureau, whichever occurs later.
D. An acknowledgment of parentage or denial of parentage signed by a minor is valid if the acknowledgment complies with the Revised Uniform Parentage Act."
SECTION 16. A new Section 40-11B-305 NMSA 1978 is enacted to read:
"40-11B-305. [NEW MATERIAL] EFFECT OF ACKNOWLEDGMENT OR DENIAL OF PARENTAGE.--
A. Except as otherwise provided in Sections 40-11B-308 and 40-11B-309 NMSA 1978, an acknowledgment of parentage that complies with this article of the Revised Uniform Parentage Act and is filed with the bureau is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent.
B. Except as otherwise provided in Sections 40-11B-308 and 40-11B-309 NMSA 1978, a denial of parentage by a presumed parent or alleged genetic parent that complies with this article of the Revised Uniform Parentage Act and is filed with the bureau with an acknowledgment of parentage that complies with this article of the Revised Uniform Parentage Act is equivalent to an adjudication of the nonparentage of the presumed parent or alleged genetic parent and discharges the presumed parent or alleged genetic parent from all rights and duties of a parent."
SECTION 17. A new Section 40-11B-306 NMSA 1978 is enacted to read:
"40-11B-306. [NEW MATERIAL] NO FILING FEE.--The bureau shall not charge a fee for filing an acknowledgment of parentage or denial of parentage."
SECTION 18. A new Section 40-11B-307 NMSA 1978 is enacted to read:
"40-11B-307. [NEW MATERIAL] RATIFICATION BARRED.--A court conducting a judicial proceeding or an administrative agency conducting an administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of parentage."
SECTION 19. A new Section 40-11B-308 NMSA 1978 is enacted to read:
"40-11B-308. [NEW MATERIAL] PROCEEDING FOR RESCISSION.--A signatory may rescind an acknowledgment of parentage or denial of parentage only by means of a judicial proceeding to rescind the acknowledgment or denial of parentage. A proceeding to rescind an acknowledgment of parentage or a denial of parentage shall be brought no later than the earlier of:
A. sixty days after the effective date of the acknowledgment or denial, as provided in Section 40-11B-304 NMSA 1978;
B. in the case of a signatory who was a minor at the time of acknowledgment, the later of:
(1) sixty days after the eighteenth birthday of the signatory; or
(2) sixty days after the effective date of the acknowledgment or denial, as provided in Section 40-11B-304 NMSA 1978; or
C. the date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support."
SECTION 20. A new Section 40-11B-309 NMSA 1978 is enacted to read:
"40-11B-309. [NEW MATERIAL] CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION.--
A. After the period for rescission pursuant to Section 40-11B-308 NMSA 1978 expires, but not later than two years after the effective date pursuant to Section 40-11B-304 NMSA 1978 of an acknowledgment of parentage or denial of parentage, a signatory of the acknowledgment or denial may commence a proceeding to challenge the acknowledgment or denial, including a challenge brought pursuant to Section 40-11B-614 NMSA 1978, only on the basis of fraud, duress or material mistake of fact.
B. A challenge to an acknowledgment of parentage or denial of parentage by an individual who was not a signatory to the acknowledgment or denial is governed by Section 40-11B-610 NMSA 1978."
SECTION 21. A new Section 40-11B-310 NMSA 1978 is enacted to read:
"40-11B-310. [NEW MATERIAL] PROCEDURE FOR CHALLENGE BY SIGNATORY.--
A. Every signatory to an acknowledgment of parentage and any related denial of parentage shall be made a party to a proceeding to challenge the acknowledgment or denial.
B. By signing an acknowledgment of parentage or denial of parentage, a signatory submits to the personal jurisdiction of the courts of New Mexico in a proceeding to challenge the acknowledgment or denial, effective on the filing of the acknowledgment or denial with the bureau.
C. The court may not suspend the legal responsibilities arising from an acknowledgment of parentage, including the duty to pay child support, during the pendency of a proceeding to challenge the acknowledgment or a related denial of parentage, unless the party challenging the acknowledgment or denial shows good cause.
D. A party challenging an acknowledgment of parentage or denial of parentage has the burden of proof.
E. If the court determines that a party has satisfied the burden of proof pursuant to Subsection D of this section, the court shall order the bureau to amend the birth record of the child to reflect the legal parentage of the child.
F. A proceeding to challenge an acknowledgment of parentage or denial of parentage shall be conducted pursuant to Article 6 of the Revised Uniform Parentage Act."
SECTION 22. A new Section 40-11B-311 NMSA 1978 is enacted to read:
"40-11B-311. [NEW MATERIAL] FULL FAITH AND CREDIT.--The court shall give full faith and credit to an acknowledgment of parentage or denial of parentage effective in another state if the acknowledgment or denial was in a signed record and otherwise complies with law of the other state."
SECTION 23. A new Section 40-11B-312 NMSA 1978 is enacted to read:
"40-11B-312. [NEW MATERIAL] FORMS FOR ACKNOWLEDGMENT AND DENIAL OF PARENTAGE.--
A. The bureau shall prescribe forms for an acknowledgment of parentage and denial of parentage.
B. A valid acknowledgment of parentage or denial of parentage is not affected by a later modification of the form pursuant to Subsection A of this section."
SECTION 24. A new Section 40-11B-313 NMSA 1978 is enacted to read:
"40-11B-313. [NEW MATERIAL] RELEASE OF INFORMATION.--The bureau may release information relating to an acknowledgment of parentage or denial of parentage to a signatory of the acknowledgment or denial, a court, federal agency and support- enforcement agency of this or another state as permitted by the provisions of Chapter 24, Article 14 NMSA 1978."
SECTION 25. A new Section 40-11B-314 NMSA 1978 is enacted to read:
"40-11B-314. [NEW MATERIAL] ADOPTION OF RULES.--The bureau may adopt rules pursuant to the State Rules Act to implement this article of the Revised Uniform Parentage Act."
ARTICLE 4
REGISTRY OF PATERNITY
SECTION 26. A new Section 40-11B-401 NMSA 1978 is enacted to read:
"40-11B-401. [NEW MATERIAL] ESTABLISHMENT OF REGISTRY.--The putative father registry established pursuant to Section 32A-5-20 NMSA 1978 is also the registry of paternity established pursuant to the Revised Uniform Parentage Act."
ARTICLE 5
GENETIC TESTING
SECTION 27. A new Section 40-11B-501 NMSA 1978 is enacted to read:
"40-11B-501. [NEW MATERIAL] DEFINITIONS.--As used in this article of the Revised Uniform Parentage Act:
A. "combined relationship index" means the product of all tested relationship indices;
B. "ethnic or racial group" means, for the purpose of genetic testing, a recognized group that an individual identifies as the individual's ancestry or part of the ancestry or that is identified by other information;
C. "hypothesized genetic relationship" means an asserted genetic relationship between an individual and a child;
D. "probability of parentage" means, for the ethnic or racial group to which an individual alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability; and
E. "relationship index" means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship."
SECTION 28. A new Section 40-11B-502 NMSA 1978 is enacted to read:
"40-11B-502. [NEW MATERIAL] SCOPE OF ARTICLE 5--LIMITATION ON USE OF GENETIC TESTING.--
A. This article of the Revised Uniform Parentage Act governs genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual:
(1) voluntarily submits to testing; or
(2) is tested pursuant to an order of the court or a support-enforcement agency.
B. Genetic testing shall not be used:
(1) to challenge the parentage of an individual who is a parent pursuant to Article 7 or 8 of the Revised Uniform Parentage Act; or
(2) to establish the parentage of an individual who is a donor."
SECTION 29. A new Section 40-11B-503 NMSA 1978 is enacted to read:
"40-11B-503. [NEW MATERIAL] AUTHORITY TO ORDER OR DENY GENETIC TESTING.--
A. Except as otherwise provided in this article of the Revised Uniform Parentage Act or Article 6 of the Revised Uniform Parentage Act, in a proceeding pursuant to that act to determine parentage, the court shall order the child and any other individual to submit to genetic testing if a request for testing is supported by the sworn statement of a party:
(1) alleging genetic parentage of the child and stating facts establishing a reasonable possibility that the individual is the child's genetic parent; or
(2) denying genetic parentage of the child and stating facts establishing a reasonable possibility that the individual is not a genetic parent.
B. The support-enforcement agency may order genetic testing only if there is no presumed, acknowledged or adjudicated parent of a child other than the woman who gave birth to the child.
C. The court or support-enforcement agency shall not order in utero genetic testing.
D. If two or more individuals are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially.
E. Genetic testing of a woman who gave birth to a child is not a condition precedent to testing of the child and an individual whose genetic parentage of the child is being determined. If the woman is unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each individual whose genetic parentage of the child is being adjudicated.
F. In a proceeding to adjudicate the parentage of a child having a presumed parent or an individual who claims to be a parent pursuant to Section 40-11B-609 NMSA 1978, or to challenge an acknowledgment of parentage, the court may deny a motion for genetic testing of the child and any other individual after considering the factors in Subsections A and B of Section 40-11B-613 NMSA 1978.
G. If an individual requesting genetic testing is barred pursuant to Article 6 of the Revised Uniform Parentage Act from establishing the individual's parentage, the court shall deny the request for genetic testing.
H. Subject to any rules established by the New Mexico supreme court, an order pursuant to this section for genetic testing is enforceable by contempt."
SECTION 30. A new Section 40-11B-504 NMSA 1978 is enacted to read:
"40-11B-504. [NEW MATERIAL] REQUIREMENTS FOR GENETIC TESTING.--
A. Genetic testing shall be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by:
(1) the AABB, formerly known as the American association of blood banks, or a successor to its functions; or
(2) an accrediting body designated by the United States secretary of health and human services.
B. A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.
C. Based on the ethnic or racial group of an individual undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If an individual or a support-enforcement agency objects to the laboratory's choice, the following rules apply:
(1) not later than thirty days after receipt of the report of the test, the objecting individual or support-enforcement agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory;
(2) the individual or the support-enforcement agency objecting to the laboratory's choice pursuant to this subsection shall:
(a) if the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or
(b) engage another laboratory to perform the calculations; and
(3) the laboratory may use its own statistical estimate if there is a question as to which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested.
D. If, after recalculation of the relationship index pursuant to Subsection C of this section using a different ethnic or racial group, genetic testing pursuant to Section 40-11B-506 NMSA 1978 does not identify an individual as a genetic parent of a child, the court may require an individual who has been tested to submit to additional genetic testing to identify a genetic parent.
E. The retention of materials used for genetic testing shall be governed by the provisions of Sections 24-21-3 and 24-21-5 NMSA 1978."
SECTION 31. A new Section 40-11B-505 NMSA 1978 is enacted to read:
"40-11B-505. [NEW MATERIAL] REPORT OF GENETIC TESTING.--
A. A report of genetic testing shall be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report complying with the requirements of this article of the Revised Uniform Parentage Act is self-authenticating.
B. Documentation from a testing laboratory of the following information is sufficient to establish a reliable chain of custody and allow the results of genetic testing to be admissible without testimony:
(1) the name and photograph of each individual whose specimen has been taken;
(2) the name of the individual who collected each specimen;
(3) the place and date each specimen was collected;
(4) the name of the individual who received each specimen in the testing laboratory;
(5) the date each specimen was received; and
(6) the accreditation of the testing facility showing that it meets the requirements of Subsection A of Section 40-11B-504 NMSA 1978."
SECTION 32. A new Section 40-11B-506 NMSA 1978 is enacted to read:
"40-11B-506. [NEW MATERIAL] GENETIC TESTING RESULTS--CHALLENGE TO RESULTS.--
A. Subject to a challenge pursuant to Subsection B of this section, an individual is identified pursuant to the Revised Uniform Parentage Act as a genetic parent of a child if genetic testing complies with this article of the Revised Uniform Parentage Act and the results of the testing disclose:
(1) that the individual has at least a ninety-nine percent probability of parentage, using a prior probability of zero point five zero, as calculated by using the combined relationship index obtained in the testing; and
(2) a combined relationship index of at least one hundred to one.
B. An individual identified pursuant to Subsection A of this section as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of this article of the Revised Uniform Parentage Act that:
(1) excludes the individual as a genetic parent of the child; or
(2) identifies another individual as a possible genetic parent of the child other than:
(a) the woman who gave birth to the child; or
(b) the individual identified pursuant to Subsection A of this section.
C. Except as otherwise provided in Section 40-11B-511 NMSA 1978, if more than one individual other than the woman who gave birth is identified by genetic testing as a possible genetic parent of the child, the court shall order each individual to submit to further genetic testing to identify a genetic parent."
SECTION 33. A new Section 40-11B-507 NMSA 1978 is enacted to read:
"40-11B-507. [NEW MATERIAL] COST OF GENETIC TESTING.--
A. Subject to assessment of fees pursuant to Article 6 of the Revised Uniform Parentage Act, payment of the cost of initial genetic testing shall be made in advance:
(1) by a support-enforcement agency in a proceeding in which the support-enforcement agency is providing services;
(2) by the individual who made the request for genetic testing;
(3) as agreed by the parties; or
(4) as ordered by the court.
B. If the cost of genetic testing is paid by a support-enforcement agency, the agency may seek reimbursement from the genetic parent whose parent-child relationship is established."
SECTION 34. A new Section 40-11B-508 NMSA 1978 is enacted to read:
"40-11B-508. [NEW MATERIAL] ADDITIONAL GENETIC TESTING.--The court or support-enforcement agency shall order additional genetic testing on request of an individual who contests the result of the initial testing pursuant to Section 40-11B-506 NMSA 1978. If initial genetic testing pursuant to that section identified an individual as a genetic parent of the child, the court or agency shall not order additional testing unless the contesting individual pays for the testing in advance."
SECTION 35. A new Section 40-11B-509 NMSA 1978 is enacted to read:
"40-11B-509. [NEW MATERIAL] GENETIC TESTING WHEN SPECIMEN NOT AVAILABLE.--
A. Subject to Subsection B of this section, if a genetic-testing specimen is not available from an alleged genetic parent of a child, an individual seeking genetic testing demonstrates good cause and the court finds that the circumstances are just, the court may order any of the following individuals to submit specimens for genetic testing:
(1) a parent of the alleged genetic parent;
(2) a sibling of the alleged genetic parent;
(3) another child of the alleged genetic parent and the woman who gave birth to the other child; and
(4) another relative of the alleged genetic parent necessary to complete genetic testing.
B. To issue an order pursuant to this section, the court shall find that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested."
SECTION 36. A new Section 40-11B-510 NMSA 1978 is enacted to read:
"40-11B-510. [NEW MATERIAL] DECEASED INDIVIDUAL.--If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual."
SECTION 37. A new Section 40-11B-511 NMSA 1978 is enacted to read:
"40-11B-511. [NEW MATERIAL] IDENTICAL SIBLINGS.--
A. If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling.
B. If more than one sibling is identified pursuant to Section 40-11B-506 NMSA 1978 as a genetic parent of the child, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic parent of the child."
SECTION 38. A new Section 40-11B-512 NMSA 1978 is enacted to read:
"40-11B-512. [NEW MATERIAL] CONFIDENTIALITY OF GENETIC TESTING.--
A. A report of genetic testing for parentage may be released only to the parties tested or their representatives, the support-enforcement agency and the court.
B. An individual who intentionally releases an identifiable specimen of another individual collected for genetic testing pursuant to this article of the Revised Uniform Parentage Act for a purpose not relevant to a proceeding regarding parentage, without a court order or written permission of the individual who furnished the specimen, is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978."
ARTICLE 6
PROCEEDING TO ADJUDICATE PARENTAGE
PART 1
NATURE OF PROCEEDING
SECTION 39. A new Section 40-11B-601 NMSA 1978 is enacted to read:
"40-11B-601. [NEW MATERIAL] PROCEEDING AUTHORIZED.--
A. A proceeding may be commenced to adjudicate the parentage of a child. The proceeding is governed by the Rules of Civil Procedure for the District Courts.
B. A proceeding to adjudicate the parentage of a child born pursuant to a surrogacy agreement is governed by Article 8 of the Revised Uniform Parentage Act."
SECTION 40. A new Section 40-11B-602 NMSA 1978 is enacted to read:
"40-11B-602. [NEW MATERIAL] STANDING TO MAINTAIN PROCEEDING.--Except as otherwise provided in Article 3 of the Revised Uniform Parentage Act and Sections 40-11B-608 through 40-11B-611 NMSA 1978, a proceeding to adjudicate parentage may be maintained by:
A. the child;
B. the woman who gave birth to the child, unless a court has adjudicated that she is not a parent;
C. an individual who is a parent pursuant to the Revised Uniform Parentage Act;
D. an individual whose parentage of the child is to be adjudicated;
E. the support-enforcement agency;
F. an adoption agency authorized by law of New Mexico other than the Revised Uniform Parentage Act or licensed child-placement agency; or
G. a representative authorized by law of New Mexico other than the Revised Uniform Parentage Act to act for an individual who otherwise would be entitled to maintain a proceeding but is deceased, incapacitated or a minor."
SECTION 41. A new Section 40-11B-603 NMSA 1978 is enacted to read:
"40-11B-603. [NEW MATERIAL] NOTICE OF PROCEEDING.--
A. The petitioner shall give notice of a proceeding to adjudicate parentage to the following individuals:
(1) the woman who gave birth to the child, unless a court has adjudicated that she is not a parent;
(2) an individual who is a parent of the child pursuant to the Revised Uniform Parentage Act;
(3) a presumed, acknowledged or adjudicated parent of the child; and
(4) an individual whose parentage of the child is to be adjudicated.
B. An individual entitled to notice pursuant to Subsection A of this section has a right to intervene in the proceeding.
C. Lack of notice required by Subsection A of this section does not render a judgment void. Lack of notice does not preclude an individual entitled to notice pursuant to Subsection A of this section from bringing a proceeding pursuant to Subsection B of Section 40-11B-611 NMSA 1978."
SECTION 42. A new Section 40-11B-604 NMSA 1978 is enacted to read:
"40-11B-604. [NEW MATERIAL] PERSONAL JURISDICTION.--
A. The court may adjudicate an individual's parentage of a child only if the court has personal jurisdiction over the individual.
B. A court of this state with jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 40-6A-201 NMSA 1978 are satisfied.
C. Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction."
SECTION 43. A new Section 40-11B-605 NMSA 1978 is enacted to read:
"40-11B-605. [NEW MATERIAL] VENUE.--Venue for a proceeding to adjudicate parentage is in the county of New Mexico in which:
A. the child resides or is located;
B. if the child does not reside in New Mexico, the respondent resides or is located; or
C. a proceeding has been commenced for administration of the estate of an individual who is or may be a parent pursuant to the Revised Uniform Parentage Act."
PART 2
SPECIAL RULES FOR PROCEEDING TO ADJUDICATE PARENTAGE
SECTION 44. A new Section 40-11B-606 NMSA 1978 is enacted to read:
"40-11B-606. [NEW MATERIAL] ADMISSIBILITY OF RESULTS OF GENETIC TESTING.--
A. Except as otherwise provided in Subsection B of Section 40-11B-502 NMSA 1978, the court shall admit a report of genetic testing ordered by the court pursuant to Section 40-11B-503 NMSA 1978 as evidence of the truth of the facts asserted in the report.
B. A party may object to the admission of a report described in Subsection A of this section not later than fourteen days after the party receives the report. The party shall cite specific grounds for exclusion.
C. A party that objects to the results of genetic testing may call a genetic-testing expert to testify in person or by another method approved by the court. Unless the court orders otherwise, the party offering the testimony bears the expense for the expert testifying.
D. Admissibility of a report of genetic testing is not affected by whether the testing was performed:
(1) voluntarily or pursuant to an order of the court or a support-enforcement agency; or
(2) before, on or after commencement of the proceeding."
SECTION 45. A new Section 40-11B-607 NMSA 1978 is enacted to read:
"40-11B-607. [NEW MATERIAL] ADJUDICATING PARENTAGE OF CHILD WITH ALLEGED GENETIC PARENT.--
A. A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child may be commenced:
(1) before the child becomes an adult; or
(2) after the child becomes an adult, but only if the child initiates the proceeding.
B. Except as otherwise provided in Section 40-11B-614 NMSA 1978, this subsection applies in a proceeding described in Subsection A of this section if the woman who gave birth to the child is the only other individual with a claim to parentage of the child. The court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent:
(1) is identified pursuant to Section 40-11B-506 NMSA 1978 as a genetic parent of the child and the identification is not successfully challenged pursuant to that section;
(2) admits parentage in a pleading, when making an appearance or during a hearing, the court accepts the admission and the court determines the alleged genetic parent to be a parent of the child;
(3) declines to submit to genetic testing ordered by the court or a support-enforcement agency, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child;
(4) is in default after service of process and the court determines the alleged genetic parent to be a parent of the child; or
(5) is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child.
C. Except as otherwise provided in Section 40-11B-614 NMSA 1978, and subject to other limitations in Sections 40-11B-606 through 40-11B-614 NMSA 1978, if in a proceeding involving an alleged genetic parent, at least one other individual in addition to the woman who gave birth to the child has a claim to parentage of the child, the court shall adjudicate parentage pursuant to Section 40-11B-613 NMSA 1978."
SECTION 46. A new Section 40-11B-608 NMSA 1978 is enacted to read:
"40-11B-608. [NEW MATERIAL] ADJUDICATING PARENTAGE OF CHILD WITH PRESUMED PARENT.--
A. A proceeding to determine whether a presumed parent is a parent of a child may be commenced:
(1) before the child becomes an adult; or
(2) after the child becomes an adult, but only if the child initiates the proceeding.
B. A presumption of parentage pursuant to Section 40-11B-204 NMSA 1978 cannot be overcome after the child attains two years of age unless the court determines:
(1) the presumed parent is not a genetic parent, never resided with the child and never held out the child as the presumed parent's child; or
(2) the child has more than one presumed parent.
C. Except as otherwise provided in Section 40-11B-614 NMSA 1978, the following rules apply in a proceeding to adjudicate a presumed parent's parentage of a child if the woman who gave birth to the child is the only other individual with a claim to parentage of the child:
(1) if no party to the proceeding challenges the presumed parent's parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child;
(2) if the presumed parent is identified pursuant to Section 40-11B-506 NMSA 1978 as a genetic parent of the child and that identification is not successfully challenged that section, the court shall adjudicate the presumed parent to be a parent of the child;
(3) if the presumed parent is not identified pursuant to Section 40-11B-506 NMSA 1978 as a genetic parent of the child and the presumed parent or the woman who gave birth to the child challenges the presumed parent's parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors set forth in Subsections A and B of Section 40-11B-613 NMSA 1978; and
(4) except as otherwise provided in Section 40-11B-614 NMSA 1978, and subject to other limitations in Sections 40-11B-606 through 40-11B-614 NMSA 1978, if in a proceeding to adjudicate a presumed parent's parentage of a child, another individual in addition to the woman who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage pursuant to Section 40-11B-613 NMSA 1978."
SECTION 47. A new Section 40-11B-609 NMSA 1978 is enacted to read:
"40-11B-609. [NEW MATERIAL] ADJUDICATING CLAIM OF DE FACTO PARENTAGE OF CHILD.--
A. A proceeding to establish parentage of a child pursuant to this section may be commenced only by an individual who:
(1) is alive when the proceeding is commenced; and
(2) claims to be a de facto parent of the child.
B. An individual who claims to be a de facto parent of a child shall commence a proceeding to establish parentage of a child pursuant to this section:
(1) before the child attains eighteen years of age; and
(2) while the child is alive.
C. The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a proceeding pursuant to this section:
(1) the individual shall file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted pursuant to this section; the verified pleading shall be served on all parents and legal guardians of the child and any other party to the proceeding;
(2) an adverse party, parent or legal guardian may file a pleading in response to the pleading filed pursuant to Paragraph (1) of this subsection; a responsive pleading shall be verified and shall be served on parties to the proceeding; and
(3) unless the court finds a hearing is necessary to determine disputed facts material to the issue of standing, the court shall determine, based on the pleadings pursuant to Paragraphs (1) and (2) of this subsection, whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence the requirements of Paragraphs (1) through (7) of Subsection D of this section; if the court holds a hearing pursuant to this subsection, the hearing shall be held on an expedited basis.
D. In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, if there is only one other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear and convincing evidence that:
(1) the individual resided with the child as a regular member of the child's household for a significant period;
(2) the individual engaged in consistent caretaking of the child;
(3) the individual undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation;
(4) the individual held out the child as the individual's child;
(5) the individual established a bonded and dependent relationship with the child that is parental in nature;
(6) another parent of the child fostered or supported the bonded and dependent relationship required pursuant to Paragraph (5) of this subsection; and
(7) continuing the relationship between the individual and the child is in the best interest of the child.
E. Subject to other limitations in Sections 40-11B-606 through 40-11B-614 NMSA 1978, if, in a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, there is more than one other individual who is a parent or has a claim to parentage of the child and the court determines that the requirements of Subsection D of this section are satisfied, the court shall adjudicate parentage pursuant to Section 40-11B-613 NMSA 1978."
SECTION 48. A new Section 40-11B-610 NMSA 1978 is enacted to read:
"40-11B-610. [NEW MATERIAL] ADJUDICATING PARENTAGE OF CHILD WITH ACKNOWLEDGED PARENT.--
A. If a child has an acknowledged parent, a proceeding to challenge the acknowledgment of parentage or a denial of parentage, brought by a signatory to the acknowledgment or denial, is governed by Sections 40-11B-309 and 40-11B-310 NMSA 1978.
B. If a child has an acknowledged parent, the following rules apply in a proceeding to challenge the acknowledgment of parentage or a denial of parentage brought by an individual, other than the child, who has standing pursuant to Section 40-11B-602 NMSA 1978 and was not a signatory to the acknowledgment or denial:
(1) the individual shall commence the proceeding not later than two years after the effective date of the acknowledgment;
(2) the court may permit the proceeding only if the court finds that permitting the proceeding is in the best interest of the child; and
(3) if the court permits the proceeding, the court shall adjudicate parentage pursuant to Section 40-11B-613 NMSA 1978."
SECTION 49. A new Section 40-11B-611 NMSA 1978 is enacted to read:
"40-11B-611. [NEW MATERIAL] ADJUDICATING PARENTAGE OF CHILD WITH ADJUDICATED PARENT.--
A. If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who was a party to the adjudication or received notice pursuant to Section 40-11B-603 NMSA 1978, is governed by the rules governing a collateral attack on a judgment.
B. If a child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of parentage brought by an individual, other than the child, who has standing pursuant to Section 40-11B-602 NMSA 1978 and was not a party to the adjudication and did not receive notice pursuant to Section 40-11B-603 NMSA 1978:
(1) the individual shall commence the proceeding not later than two years after the effective date of the adjudication;
(2) the court may permit the proceeding only if the court finds that permitting the proceeding is in the best interest of the child; and
(3) if the court permits the proceeding, the court shall adjudicate parentage pursuant to Section 40-11B-613 NMSA 1978."
SECTION 50. A new Section 40-11B-612 NMSA 1978 is enacted to read:
"40-11B-612. [NEW MATERIAL] ADJUDICATING PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.--
A. An individual who is a parent pursuant to Article 7 of the Revised Uniform Parentage Act or the woman who gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines the individual is a parent pursuant to Article 7, the court shall adjudicate the individual to be a parent of the child.
B. In a proceeding to adjudicate an individual's parentage of a child, if another individual other than the woman who gave birth to the child is a parent pursuant to Article 7 of the Revised Uniform Parentage Act, the court shall adjudicate the individual's parentage of the child pursuant to Section 40-11B-613 NMSA 1978."
SECTION 51. A new Section 40-11B-613 NMSA 1978 is enacted to read:
"40-11B-613. [NEW MATERIAL] ADJUDICATING COMPETING CLAIMS OF PARENTAGE.--
A. Except as otherwise provided in Section 40-11B-614 NMSA 1978, in a proceeding to adjudicate competing claims of, or challenges pursuant to Subsection C of Section 40-11B-608, Section 40-11B-610 or Section 40-11B-611 NMSA 1978 to parentage of a child by two or more individuals, the court shall adjudicate parentage in the best interest of the child, based on:
(1) the age of the child;
(2) the length of time during which each individual assumed the role of parent of the child;
(3) the nature of the relationship between the child and each individual;
(4) the harm to the child if the relationship between the child and each individual is not recognized;
(5) the basis for each individual's claim to parentage of the child; and
(6) other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child.
B. If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in Subsection A of this section, the court shall consider:
(1) the facts surrounding the discovery that the individual might not be a genetic parent of the child; and
(2) the length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding.
C. The court may adjudicate a child to have more than two parents pursuant to the Revised Uniform Parentage Act if the court finds that failure to recognize more than two parents would be detrimental to the child. A finding of detriment to the child does not require a finding of unfitness of any parent or individual seeking an adjudication of parentage. In determining detriment to the child, the court shall consider all relevant factors, including the harm if the child is removed from a stable placement with an individual who has fulfilled the child's physical needs and psychological needs for care and affection and has assumed the role for a substantial period."
SECTION 52. A new Section 40-11B-614 NMSA 1978 is enacted to read:
"40-11B-614. [NEW MATERIAL] PRECLUDING ESTABLISHMENT OF PARENTAGE BY PERPETRATOR OF SEXUAL ASSAULT.--
A. As used in this section, "criminal sexual penetration" has the same meaning as set forth in Subsection A of Section 30-9-11 NMSA 1978.
B. In a proceeding in which a woman alleges that a man committed criminal sexual penetration that resulted in the woman giving birth to a child, the woman may seek to preclude the man from establishing that he is a parent of the child.
C. This section does not apply if:
(1) the man described in Subsection B of this section has previously been adjudicated to be a parent of the child; or
(2) after the birth of the child, the man established a bonded and dependent relationship with the child that is parental in nature.
D. Unless Section 40-11B-309 or Section 40-11B-607 NMSA 1978 applies, a woman shall file a pleading making an allegation pursuant to Subsection B of this section not later than two years after the birth of the child. The woman shall file the pleading in a proceeding to establish parentage pursuant to the Revised Uniform Parentage Act.
E. An allegation pursuant to Subsection B of this
section may be proved by:
(1) evidence that the man was convicted of criminal sexual penetration, or a comparable crime in another jurisdiction, against the woman and the child was born not later than three hundred days after the criminal sexual penetration; or
(2) clear and convincing evidence that the man committed criminal sexual penetration against the woman and the child was born not later than three hundred days after the criminal sexual penetration.
F. Subject to Subsections A through D of this section, if the court determines that an allegation has been proved pursuant to Subsection E of this section, the court shall:
(1) adjudicate that the man described in Subsection B of this section is not a parent of the child;
(2) require the bureau to amend the birth certificate if requested by the woman and the court determines that the amendment is in the best interest of the child; and
(3) require the man to pay child support, birth-related costs, or both, unless the woman requests otherwise and the court determines that granting the request is in the best interest of the child."
PART 3
HEARING AND ADJUDICATION
SECTION 53. A new Section 40-11B-615 NMSA 1978 is enacted to read:
"40-11B-615. [NEW MATERIAL] TEMPORARY ORDER.--
A. In a proceeding pursuant to this article of the Revised Uniform Parentage Act, the court may issue a temporary order for child support if the order is consistent with law of New Mexico other than the Revised Uniform Parentage Act and the individual ordered to pay support is:
(1) a presumed parent of the child;
(2) petitioning to be adjudicated a parent;
(3) identified as a genetic parent through genetic testing pursuant to Section 40-11B-506 NMSA 1978;
(4) an alleged genetic parent who has declined to submit to genetic testing;
(5) shown by clear and convincing evidence to be a parent of the child; or
(6) a parent pursuant to the Revised Uniform Parentage Act.
B. A temporary order may include provisions for custody and visitation pursuant to law of New Mexico other than the Revised Uniform Parentage Act."
SECTION 54. A new Section 40-11B-616 NMSA 1978 is enacted to read:
"40-11B-616. [NEW MATERIAL] COMBINING PROCEEDINGS.--
A. Except as otherwise provided in Subsection B of this section, the court may combine a proceeding to adjudicate parentage pursuant to the Revised Uniform Parentage Act with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, dissolution of marriage, separation, probate, administration of an estate or other appropriate proceeding.
B. A respondent shall not combine a proceeding described in Subsection A of this section with a proceeding to adjudicate parentage brought pursuant to the Uniform Interstate Family Support Act."
SECTION 55. A new Section 40-11B-617 NMSA 1978 is enacted to read:
"40-11B-617. [NEW MATERIAL] PROCEEDING BEFORE BIRTH.-- Except as otherwise provided in Article 8 of the Revised Uniform Parentage Act, a proceeding to adjudicate parentage may be commenced before the birth of the child and an order or judgment may be entered before birth, but enforcement of the order or judgment shall be stayed until the birth of the child."
SECTION 56. A new Section 40-11B-618 NMSA 1978 is enacted to read:
"40-11B-618. [NEW MATERIAL] CHILD AS PARTY--REPRESENTATION.--
A. A minor child is a permissive party but not a necessary party to a proceeding pursuant to this article of the Revised Uniform Parentage Act.
B. The court shall appoint a guardian ad litem to represent a child in a proceeding pursuant to this article of the Revised Uniform Parentage Act if the court finds that the interests of the child are not adequately represented."
SECTION 57. A new Section 40-11B-619 NMSA 1978 is enacted to read:
"40-11B-619. [NEW MATERIAL] COURT TO ADJUDICATE PARENTAGE.--The court without a jury shall adjudicate parentage of a child."
SECTION 58. A new Section 40-11B-620 NMSA 1978 is enacted to read:
"40-11B-620. [NEW MATERIAL] HEARING--INSPECTION OF RECORDS.--
A. On request of a party and for good cause, the court may close a proceeding pursuant to this article of the Revised Uniform Parentage Act to the public.
B. A final order in a proceeding pursuant to this article of the Revised Uniform Parentage Act is available for public inspection. Other papers and records are available for public inspection only with the consent of the parties or by court order for good cause."
SECTION 59. A new Section 40-11B-621 NMSA 1978 is enacted to read:
"40-11B-621. [NEW MATERIAL] DISMISSAL FOR WANT OF PROSECUTION.--The court may dismiss a proceeding pursuant to the Revised Uniform Parentage Act for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice."
SECTION 60. A new Section 40-11B-622 NMSA 1978 is enacted to read:
"40-11B-622. [NEW MATERIAL] ORDER ADJUDICATING PARENTAGE.--
A. An order adjudicating parentage shall identify the child by name and date of birth.
B. Except as otherwise provided in Subsection C of this section, the court may assess filing fees, reasonable attorney fees, fees for genetic testing, other costs and necessary travel and other reasonable expenses incurred in a proceeding pursuant to this article of the Revised Uniform Parentage Act. Attorney fees, costs and expenses awarded pursuant to this subsection may be paid directly to the attorney, and the attorney may enforce the order in the attorney's own name. The court may order these fees, costs and expenses to be paid by any party in proportions and at times as determined by the court, but not exceeding three years from the date of the filing of the action unless there is a substantial showing that parentage could not have been established and an action for child support could not have been brought within three years of the child's birth. The court may order the proportion of any indigent party to be paid from court funds.
C. The court shall not assess fees, costs or expenses in a proceeding pursuant to this article of the Revised Uniform Parentage Act against a support-enforcement agency of New Mexico or another state, except as otherwise provided by law of New Mexico other than the Revised Uniform Parentage Act.
D. In a proceeding pursuant to this article of the Revised Uniform Parentage Act, a copy of a bill for genetic testing or prenatal or postnatal health care for the woman who gave birth to the child and the child, provided to the adverse party not later than ten days before a hearing, is admissible to establish:
(1) the amount of the charge billed; and
(2) that the charge is reasonable and necessary.
E. On request of a party and for good cause, the court in a proceeding pursuant to this article of the Revised Uniform Parentage Act may order the name of the child changed. If the court order changing the name varies from the name on the birth certificate of the child, the court shall order the bureau to issue an amended birth certificate.
F. The judgment or order may contain any other provision directed against or on behalf of the appropriate party to the proceeding concerning the duty of past and future support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment or any other matter within the jurisdiction of the court. The judgment or order may direct the appropriate party to pay the reasonable expenses of the mother's pregnancy, birth and confinement. The court shall order child support retroactive to the date of the child's birth, but not to exceed three years unless there is a substantial showing that parentage could not have been established and an action for child support could not have been brought within three years of the child's birth pursuant to the provisions of Sections 40-4-11 through 40-4-11.3 NMSA 1978; provided that, in deciding whether or how long to order retroactive support, the court shall consider:
(1) whether the alleged or presumed parent has absconded or could not be located; and
(2) whether equitable defenses are applicable.
G. Support judgments or orders ordinarily shall be for periodic payments that may vary in amount. In the best interest of the child, a lump-sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support; provided, however, that nothing in this section shall deprive a state agency of its right to reimbursement from an appropriate party should the child be a past or future recipient of public assistance.
H. In determining the amount to be paid by a parent for support of the child, a court, child support hearing officer or master shall make such determination in accordance with the provisions of the child support guidelines pursuant to Section 40-4-11.1 NMSA 1978."
SECTION 61. A new Section 40-11B-623 NMSA 1978 is enacted to read:
"40-11B-623. [NEW MATERIAL] BINDING EFFECT OF DETERMINATION OF PARENTAGE.--
A. Except as otherwise provided in Subsection B of this section:
(1) a signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment or denial as provided in Article 3 of the Revised Uniform Parentage Act; and
(2) a party to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of Section 40-6A-201 NMSA 1978 and any individual who received notice of the proceeding are bound by the adjudication.
B. A child is not bound by a determination of parentage pursuant to the Revised Uniform Parentage Act unless:
(1) the determination was based on an unrescinded acknowledgment of parentage and the acknowledgment is consistent with the results of genetic testing;
(2) the determination was based on a finding consistent with the results of genetic testing, and the consistency is declared in the determination or otherwise shown;
(3) the determination of parentage was made pursuant to Article 7 or 8 of the Revised Uniform Parentage Act; or
(4) the child was a party or was represented by a guardian ad litem in the proceeding.
C. In a proceeding for dissolution of marriage or separation, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements of Section 40-6A-201 NMSA 1978 and the final order:
(1) expressly identifies the child as a "child of the marriage" or "issue of the marriage" or includes similar words indicating that both spouses are parents of the child; or
(2) provides for support of the child by a spouse unless that spouse's parentage is disclaimed specifically in the order.
D. Except as otherwise provided in Subsection B of this section or Section 40-11B-611 NMSA 1978, a determination of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of an individual who was not a party to the earlier proceeding.
E. A party to an adjudication of parentage may challenge the adjudication only pursuant to law of New Mexico other than the Revised Uniform Parentage Act relating to appeal, vacation of judgment or other judicial review."
ARTICLE 7
ASSISTED REPRODUCTION
SECTION 62. A new Section 40-11B-701 NMSA 1978 is enacted to read:
"40-11B-701. [NEW MATERIAL] SCOPE OF ARTICLE.--This article of the Revised Uniform Parentage Act does not apply to the birth of a child conceived by sexual intercourse or assisted reproduction pursuant to a surrogacy agreement pursuant to Article 8 of the Revised Uniform Parentage Act."
SECTION 63. A new Section 40-11B-702 NMSA 1978 is enacted to read:
"40-11B-702. [NEW MATERIAL] PARENTAL STATUS OF DONOR.--A donor is not a parent of a child conceived by assisted reproduction."
SECTION 64. A new Section 40-11B-703 NMSA 1978 is enacted to read:
"40-11B-703. [NEW MATERIAL] PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.--An individual who consents pursuant to Section 40-11B-704 NMSA 1978 to assisted reproduction by a woman with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child."
SECTION 65. A new Section 40-11B-704 NMSA 1978 is enacted to read:
"40-11B-704. [NEW MATERIAL] CONSENT TO ASSISTED REPRODUCTION.--
A. Except as otherwise provided in Subsection B of this section, the consent described in Section 40-11B-703 NMSA 1978 shall be in a record signed by a woman giving birth to a child conceived by assisted reproduction and an individual who intends to be a parent of the child.
B. Failure to consent in a record as required by Subsection A of this section, before, on or after birth of the child, does not preclude the court from finding consent to parentage if:
(1) the woman or the individual proves by clear and convincing evidence the existence of an express agreement entered into before conception that the individual and the woman intended that they both would be parents of the child; or
(2) the woman and the individual for the first two years of the child's life, including any period of temporary absence, resided together in the same household with the child and both openly held out the child as the individual's child, unless the individual dies or becomes incapacitated before the child attains two years of age or the child dies before the child attains two years of age, in that case the court may find consent pursuant to this subsection to parentage if a party proves by clear and convincing evidence that the woman and the individual intended to reside together in the same household with the child and both intended that the individual would openly hold out the child as the individual's child, but the individual was prevented from carrying out that intent by death or incapacity."
SECTION 66. A new Section 40-11B-705 NMSA 1978 is enacted to read:
"40-11B-705. [NEW MATERIAL] LIMITATION ON SPOUSE'S DISPUTE OF PARENTAGE.--
A. Except as otherwise provided in Subsection B of this section, an individual who, at the time of a child's birth, is the spouse of the woman who gave birth to the child by assisted reproduction may not challenge the individual's parentage of the child unless:
(1) not later than two years after the birth of the child, the individual commences a proceeding to adjudicate the individual's parentage of the child; and
(2) the court finds that the individual did not consent to the assisted reproduction, before, on or after birth of the child, or withdrew consent pursuant to Section 40-11B-707 NMSA 1978.
B. A proceeding to adjudicate a spouse's parentage of a child born by assisted reproduction may be commenced at any time if the court determines that:
(1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
(2) the spouse and the woman who gave birth to the child have not cohabited since the probable time of assisted reproduction; and
(3) the spouse never openly held out the child as the spouse's child.
C. This section applies to a spouse's dispute of parentage even if the spouse's marriage is declared invalid after assisted reproduction occurs."
SECTION 67. A new Section 40-11B-706 NMSA 1978 is enacted to read:
"40-11B-706. [NEW MATERIAL] EFFECT OF CERTAIN LEGAL PROCEEDINGS REGARDING MARRIAGE.--If a marriage of a woman who gives birth to a child conceived by assisted reproduction is terminated through dissolution of marriage or is subject to separation before transfer of gametes or embryos to the woman, a former spouse of the woman is not a parent of the child unless the former spouse consented in a record that the former spouse would be a parent of the child if assisted reproduction were to occur after a dissolution of marriage or after separation and the former spouse did not withdraw consent pursuant to Section 40-11B-707 NMSA 1978."
SECTION 68. A new Section 40-11B-707 NMSA 1978 is enacted to read:
"40-11B-707. [NEW MATERIAL] WITHDRAWAL OF CONSENT.--
A. An individual who consents, pursuant to Section 40-11B-704 NMSA 1978, to assisted reproduction may withdraw consent any time before a transfer that results in a pregnancy by giving notice in a record of the withdrawal of consent to the woman who agreed to give birth to a child conceived by assisted reproduction and to any clinic or health care provider facilitating the assisted reproduction. Failure to give notice to the clinic or health care provider does not affect a determination of parentage pursuant to the Revised Uniform Parentage Act.
B. An individual who withdraws consent pursuant to Subsection A of this section is not a parent of the child pursuant to this article of the Revised Uniform Parentage Act."
SECTION 69. A new Section 40-11B-708 NMSA 1978 is enacted to read:
"40-11B-708. [NEW MATERIAL] PARENTAL STATUS OF DECEASED INDIVIDUAL.--
A. If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of gametes or embryos and the birth of the child, the individual's death does not preclude the establishment of the individual's parentage of the child if the individual otherwise would be a parent of the child pursuant to the Revised Uniform Parentage Act.
B. If an individual who consented in a record to assisted reproduction by a woman who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if:
(1) either:
(a) the individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or
(b) the individual's intent to be a parent of a child conceived by assisted reproduction after the individual's death is established by clear and convincing evidence; and
(2) either:
(a) the embryo is in utero not later than thirty-six months after the individual's death; or
(b) the child is born not later than forty-five months after the individual's death."
ARTICLE 8
SURROGACY AGREEMENTS
PART 1
GENERAL REQUIREMENTS
SECTION 70. A new Section 40-11B-801 NMSA 1978 is enacted to read:
"40-11B-801. [NEW MATERIAL] DEFINITIONS.--As used in this article of the Revised Uniform Parentage Act:
A. "genetic surrogate" means a woman who is not an intended parent and who agrees to become pregnant through assisted reproduction using her own gamete, pursuant to a genetic surrogacy agreement;
B. "gestational surrogate" means a woman who is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not her own, pursuant to a gestational surrogacy agreement; and
C. "surrogacy agreement" means an agreement between one or more intended parents and a woman who is not an intended parent in which the woman agrees to become pregnant through assisted reproduction and that provides that each intended parent is a parent of a child conceived pursuant to the agreement. Unless otherwise specified, "surrogacy agreement" refers to both a gestational surrogacy agreement and a genetic surrogacy agreement."
SECTION 71. A new Section 40-11B-802 NMSA 1978 is enacted to read:
"40-11B-802. [NEW MATERIAL] ELIGIBILITY TO ENTER GESTATIONAL OR GENETIC SURROGACY AGREEMENT.--
A. To execute an agreement to act as a gestational or genetic surrogate, a woman shall:
(1) have attained twenty-one years of age;
(2) have previously given birth to at least one child;
(3) complete a medical evaluation related to the surrogacy agreement by a licensed medical doctor;
(4) complete a mental health consultation by a licensed mental health professional; and
(5) have independent legal representation of the woman's choice throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.
B. To execute a gestational or genetic surrogacy agreement, each intended parent, whether or not genetically related to the child, shall:
(1) have attained twenty-one years of age;
(2) complete a medical evaluation related to the surrogacy agreement by a licensed medical doctor;
(3) complete a mental health consultation by a licensed mental health professional; and
(4) have independent legal representation of the intended parent's choice throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement."
SECTION 72. A new Section 40-11B-803 NMSA 1978 is enacted to read:
"40-11B-803. [NEW MATERIAL] REQUIREMENTS OF GESTATIONAL OR GENETIC SURROGACY AGREEMENT--PROCESS.--A gestational or genetic surrogacy agreement shall be executed in compliance with the following rules:
A. at least one party shall be a resident of this state or, if no party is a resident of this state, at least one medical evaluation or procedure or mental health consultation pursuant to the agreement shall occur in this state;
B. a surrogate and each intended parent shall meet the requirements of Section 40-11B-802 NMSA 1978;
C. each intended parent, the surrogate and the surrogate's spouse, if any, shall be parties to the agreement;
D. the agreement shall be in a record signed by each party listed in Subsection C of this section;
E. the surrogate and each intended parent shall acknowledge in a record receipt of a copy of the agreement;
F. the signature of each party to the agreement shall be attested by a notarial officer or witnessed;
G. the surrogate and the intended parent or parents shall have independent legal representation throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement, and each counsel shall be identified in the surrogacy agreement;
H. the intended parent or parents shall pay for independent legal representation for the surrogate; and
I. the agreement shall be executed before a medical procedure occurs related to the surrogacy agreement, other than the medical evaluation and mental health consultation required by Section 40-11B-802 NMSA 1978."
SECTION 73. A new Section 40-11B-804 NMSA 1978 is enacted to read:
"40-11B-804. [NEW MATERIAL] REQUIREMENTS OF GESTATIONAL OR GENETIC SURROGACY AGREEMENT--CONTENT.--
A. A gestational or genetic surrogacy agreement shall comply with the following requirements:
(1) a surrogate agrees to attempt to become pregnant by means of assisted reproduction;
(2) except as otherwise provided in Sections 40-11B-811, 40-11B-814 and 40-11B-815 NMSA 1978, the surrogate and the surrogate's spouse or former spouse, if any, shall have no claim to parentage of a child conceived by assisted reproduction pursuant to the surrogacy agreement;
(3) the surrogate's spouse, if any, shall acknowledge and agree to comply with the obligations imposed on the surrogate by the surrogacy agreement;
(4) except as otherwise provided in Sections 40-11B-811, 40-11B-814 and 40-11B-815 NMSA 1978, the intended parent or, if there are two intended parents, each one jointly and severally, immediately on birth shall be the exclusive parent or parents of the child, regardless of number of children born or gender or mental or physical condition of each child;
(5) except as otherwise provided in Sections 40-11B-811, 40-11B-814 and 40-11B-815 NMSA 1978, the intended parent or, if there are two intended parents, each parent jointly and severally, immediately on birth shall assume responsibility for the financial support of the child, regardless of number of children born or gender or mental or physical condition of each child;
(6) the surrogacy agreement shall include information disclosing how each intended parent will cover the surrogacy-related expenses of the surrogate and the medical expenses of the child. If health care coverage is used to cover the medical expenses, the disclosure shall include a summary of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the surrogate, third-party-liability liens, other insurance coverage and any notice requirement that could affect coverage or liability of the surrogate. Unless the agreement expressly provides otherwise, the review and disclosure do not constitute legal advice. If the extent of coverage is uncertain, a statement of that fact is sufficient to comply with this paragraph;
(7) the surrogacy agreement shall permit the surrogate to make all health and welfare decisions regarding herself and her pregnancy. The Revised Uniform Parentage Act does not enlarge or diminish the surrogate's right to terminate her pregnancy; and
(8) the surrogacy agreement shall include information about each party's right pursuant to this article of the Revised Uniform Parentage Act to terminate the surrogacy agreement.
B. A gestational or genetic surrogacy agreement may provide for:
(1) payment of consideration and reasonable expenses; and
(2) reimbursement of specific expenses if the agreement is terminated pursuant to this article of the Revised Uniform Parentage Act.
C. A right created pursuant to a gestational or genetic surrogacy agreement is not assignable, and there is no third-party beneficiary of the agreement other than the child."
SECTION 74. A new Section 40-11B-805 NMSA 1978 is enacted to read:
"40-11B-805. [NEW MATERIAL] GESTATIONAL OR GENETIC SURROGACY AGREEMENT--EFFECT OF SUBSEQUENT CHANGE OF MARITAL STATUS.--
A. Unless a gestational or genetic surrogacy agreement expressly provides otherwise:
(1) the marriage of a surrogate after the agreement is signed by all parties does not affect the validity of the agreement, her spouse's consent to the agreement is not required and her spouse is not a presumed parent of a child conceived by assisted reproduction pursuant to the agreement; and
(2) the dissolution of marriage or separation of the surrogate after the agreement is signed by all parties shall not affect the validity of the agreement.
B. Unless a gestational or genetic surrogacy agreement expressly provides otherwise:
(1) the marriage of an intended parent after the agreement is signed by all parties shall not affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is not required and the spouse of the intended parent is not, based on the agreement, a parent of a child conceived by assisted reproduction pursuant to the agreement; and
(2) the dissolution of marriage or separation of an intended parent after the agreement is signed by all parties shall not affect the validity of the agreement and, except as otherwise provided in Section 40-11B-814 NMSA 1978, the intended parents are the parents of the child."
SECTION 75. A new Section 40-11B-806 NMSA 1978 is enacted to read:
"40-11B-806. [NEW MATERIAL] GESTATIONAL OR GENETIC SURROGACY AGREEMENT--INSPECTION OF DOCUMENTS.--Unless the court orders otherwise, a petition and any other document related to a gestational or genetic surrogacy agreement filed with the court pursuant to Sections 40-11B-801 through 40-11B-807 NMSA 1978 are not open to inspection by any person other than the parties to the proceeding, a child conceived by assisted reproduction pursuant to the agreement, their attorneys and the support-enforcement agency. A court shall not authorize a person to inspect a document related to the agreement, unless required by exigent circumstances. The person seeking to inspect the document may be required to pay the expense of preparing a copy of the document to be inspected."
SECTION 76. A new Section 40-11B-807 NMSA 1978 is enacted to read:
"40-11B-807. [NEW MATERIAL] GESTATIONAL OR GENETIC SURROGACY AGREEMENT--EXCLUSIVE, CONTINUING JURISDICTION.--During the period after the execution of a gestational or genetic surrogacy agreement until ninety days after the birth of a child conceived by assisted reproduction pursuant to the agreement, a court of this state conducting a proceeding pursuant to the Revised Uniform Parentage Act has exclusive, continuing jurisdiction over all matters arising out of the agreement. This section shall not give the court jurisdiction over a child-custody or child-support proceeding if jurisdiction is not otherwise authorized by law of this state other than the Revised Uniform Parentage Act."
PART 2
SPECIAL RULES FOR GESTATIONAL SURROGACY AGREEMENTSSECTION 77. A new Section 40-11B-808 NMSA 1978 is enacted to read:
"40-11B-808. [NEW MATERIAL] TERMINATION OF GESTATIONAL SURROGACY AGREEMENT.--
A. A party to a gestational surrogacy agreement may terminate the agreement at any time before an embryo transfer by giving notice of termination in a record to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer by giving notice of termination in a record to all other parties.
B. Unless a gestational surrogacy agreement provides otherwise, on termination of the agreement pursuant to Subsection A of this section, the parties are released from the agreement, except that each intended parent remains responsible for expenses that are reimbursable pursuant to the agreement and incurred by the gestational surrogate through the date of termination.
C. Except in a case involving fraud, neither a gestational surrogate nor the surrogate's spouse or former spouse, if any, is liable to the intended parent or parents for expenses, other damages, a penalty or liquidated damages for terminating a gestational surrogacy agreement pursuant to this section."
SECTION 78. A new Section 40-11B-809 NMSA 1978 is enacted to read:
"40-11B-809. [NEW MATERIAL] PARENTAGE UNDER GESTATIONAL SURROGACY AGREEMENT.--
A. Except as otherwise provided in Subsection C of this section, Subsection B of Section 40-11B-810 NMSA 1978 or Section 40-11B-812 NMSA 1978, on the birth of a child conceived by assisted reproduction pursuant to a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child.
B. Except as otherwise provided in Subsection C of this section or Section 40-11B-812 NMSA 1978, neither a gestational surrogate nor the surrogate's spouse or former spouse, if any, is a parent of the child.
C. If a child is alleged to be a genetic child of the woman who agreed to be a gestational surrogate, the court shall order genetic testing of the child. If the child is a genetic child of the woman who agreed to be a gestational surrogate, parentage shall be determined based on Articles 1 through 6 of the Revised Uniform Parentage Act.
D. Except as otherwise provided in Subsection C of this section, Subsection B of Section 40-11B-810 NMSA 1978 or Section 40-11B-812 NMSA 1978, if, due to a clinical or laboratory error, a child conceived by assisted reproduction pursuant to a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the gestational surrogate and the surrogate's spouse or former spouse, if any, is a parent of the child, subject to any other claim of parentage."
SECTION 79. A new Section 40-11B-810 NMSA 1978 is enacted to read:
"40-11B-810. [NEW MATERIAL] GESTATIONAL SURROGACY AGREEMENT--PARENTAGE OF DECEASED INTENDED PARENT.--
A. Section 40-11B-809 NMSA 1978 applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child.
B. Except as otherwise provided in Section 40-11B-812 NMSA 1978, an intended parent is not a parent of a child conceived by assisted reproduction pursuant to a gestational surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:
(1) the agreement provides otherwise; and
(2) the transfer of a gamete or embryo occurs not later than thirty-six months after the death of the intended parent or the birth of the child occurs not later than forty-five months after the death of the intended parent."
SECTION 80. A new Section 40-11B-811 NMSA 1978 is enacted to read:
"40-11B-811. [NEW MATERIAL] GESTATIONAL SURROGACY AGREEMENT--ORDER OF PARENTAGE.--
A. Except as otherwise provided in Subsection C of Section 40-11B-809 NMSA 1978 or Section 40-11B-812 NMSA 1978, before, on or after the birth of a child conceived by assisted reproduction pursuant to a gestational surrogacy agreement, a party to the agreement may commence a proceeding in court for an order or judgment:
(1) declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;
(2) declaring that the gestational surrogate and the surrogate's spouse or former spouse, if any, are not the parents of the child;
(3) designating the content of the birth record in accordance with Section 24-14-17 NMSA 1978 and directing the bureau to designate each intended parent as a parent of the child;
(4) to protect the privacy of the child and
the parties, declaring that the court record is not open to inspection except as authorized pursuant to Section 40-11B-806 NMSA 1978;
(5) requiring that the child be surrendered to the intended parent or parents if necessary; and
(6) for other relief the court determines necessary and proper.
B. The court may issue an order or judgment pursuant to Subsection A of this section before the birth of the child. The court shall stay enforcement of the order or judgment until the birth of the child.
C. Neither this state nor the department of health is a necessary party to a proceeding pursuant to Subsection A this section."
SECTION 81. A new Section 40-11B-812 NMSA 1978 is enacted to read:
"40-11B-812. [NEW MATERIAL] EFFECT OF GESTATIONAL SURROGACY AGREEMENT.--
A. A gestational surrogacy agreement that complies with Sections 40-11B-802 through 40-11B-804 NMSA 1978 is enforceable.
B. If a child was conceived by assisted reproduction pursuant to a gestational surrogacy agreement that does not comply with Sections 40-11B-802 through 40-11B-804 NMSA 1978, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of execution of the agreement. Each party to the agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement.
C. Except as expressly provided in a gestational surrogacy agreement or Subsection D or E of this section, if the agreement is breached by the gestational surrogate or one or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.
D. Specific performance is not a remedy available for breach by a gestational surrogate of a provision in the agreement that the gestational surrogate be impregnated, terminate or not terminate a pregnancy or submit to medical procedures.
E. Except as otherwise provided in Subsection D of this section, if an intended parent is determined to be a parent of the child, specific performance is a remedy available for:
(1) breach of the agreement by a gestational surrogate that prevents the intended parent from exercising immediately on birth of the child the full rights of parentage; or
(2) breach by the intended parent that prevents the intended parent's acceptance, immediately on birth of the child conceived by assisted reproduction pursuant to the agreement, of the full duties of parentage or that results in the intended parent's failure to accept those duties immediately."
PART 3
SPECIAL RULES FOR GENETIC SURROGACY AGREEMENT
SECTION 82. A new Section 40-11B-813 NMSA 1978 is enacted to read:
"40-11B-813. [NEW MATERIAL] REQUIREMENTS TO VALIDATE GENETIC SURROGACY AGREEMENT.--
A. Except as otherwise provided in Section 40-11B-816 NMSA 1978, to be enforceable, a genetic surrogacy agreement shall be validated by the court. A proceeding to validate the agreement shall be commenced before assisted reproduction related to the surrogacy agreement.
B. The court shall issue an order validating a genetic surrogacy agreement if the court finds that:
(1) Sections 40-11B-802 through 40-11B-804 NMSA 1978 are satisfied; and
(2) all parties entered into the agreement voluntarily and understand its terms.
C. An individual who terminates a genetic surrogacy agreement pursuant to Section 40-11B-814 NMSA 1978 shall file notice of the termination with the court. On receipt of the notice, the court shall vacate any order issued pursuant to Subsection B of this section. An individual who does not notify the court of the termination of the agreement is subject to sanctions."
SECTION 83. A new Section 40-11B-814 NMSA 1978 is enacted to read:
"40-11B-814. [NEW MATERIAL] TERMINATION OF GENETIC SURROGACY AGREEMENT.--
A. A party to a genetic surrogacy agreement may terminate the agreement as follows:
(1) an intended parent who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer. The notice of termination shall be attested by a notarial officer or witnessed; or
(2) a genetic surrogate who is a party to the agreement may withdraw consent to the agreement any time before forty-eight hours after the birth of a child conceived by assisted reproduction pursuant to the agreement. To withdraw consent, the genetic surrogate shall execute a notice of termination in a record stating the surrogate's intent to terminate the agreement. The notice of termination shall be attested by a notarial officer or witnessed and be delivered to each intended parent any time before forty-eight hours after the birth of the child.
B. On termination of the genetic surrogacy agreement pursuant to Subsection A of this section, the parties are released from all obligations pursuant to the agreement except that each intended parent remains responsible for all expenses incurred by the surrogate through the date of termination that are reimbursable pursuant to the agreement. Unless the agreement provides otherwise, the surrogate is not entitled to any non-expense-related compensation for serving as a surrogate.
C. Except in a case involving fraud, neither a genetic surrogate nor the surrogate's spouse or former spouse, if any, is liable to the intended parent or parents for expenses, compensation, other damages, a penalty or liquidated damages for terminating a genetic surrogacy agreement pursuant to this section."
SECTION 84. A new Section 40-11B-815 NMSA 1978 is enacted to read:
"40-11B-815. [NEW MATERIAL] PARENTAGE UNDER VALIDATED GENETIC SURROGACY AGREEMENT.--
A. Unless a genetic surrogate exercises the right pursuant to Section 40-11B-814 NMSA 1978 to terminate a genetic surrogacy agreement, each intended parent is a parent of a child conceived by assisted reproduction pursuant to an agreement validated pursuant to Section 40-11B-813 NMSA 1978.
B. Unless a genetic surrogate exercises the right pursuant to Section 40-11B-814 NMSA 1978 to terminate the genetic surrogacy agreement, on proof of a court order issued pursuant to Section 40-11B-813 NMSA 1978 validating the agreement, the court shall make an order:
(1) declaring that each intended parent is a parent of a child conceived by assisted reproduction pursuant to the agreement and ordering that parental rights and duties vest exclusively in each intended parent;
(2) declaring that the genetic surrogate and the surrogate's spouse or former spouse, if any, are not parents of the child;
(3) designating the contents of the birth certificate in accordance with Section 24-14-17 NMSA 1978 and directing the bureau to designate each intended parent as a parent of the child;
(4) to protect the privacy of the child and
the parties, declaring that the court record is not open to inspection, except as authorized pursuant to Section 40-11B-806 NMSA 1978;
(5) requiring that the child be surrendered to the intended parent or parents if necessary; and
(6) for other relief the court determines necessary and proper.
C. If a genetic surrogate terminates a genetic surrogacy agreement pursuant to Paragraph (2) of Subsection A of Section 40-11B-814 NMSA 1978, parentage of the child conceived by assisted reproduction pursuant to the agreement shall be determined pursuant to Articles 1 through 6 of the Revised Uniform Parentage Act.
D. If a child born to a genetic surrogate is alleged not to have been conceived by assisted reproduction, the court shall order genetic testing to determine the genetic parentage of the child. If the child was not conceived by assisted reproduction, parentage shall be determined pursuant to Articles 1 through 6 of the Revised Uniform Parentage Act. Unless the genetic surrogacy agreement provides otherwise, if the child was not conceived by assisted reproduction, the surrogate is not entitled to any non-expense-related compensation for serving as a surrogate.
E. Unless a genetic surrogate exercises the right pursuant to Section 40-11B-814 NMSA 1978 to terminate the genetic surrogacy agreement, if an intended parent fails to file notice required pursuant to Subsection A of Section 40-11B-814 NMSA 1978, the genetic surrogate or the support-enforcement agency may file with the court, not later than sixty days after the birth of a child conceived by assisted reproduction pursuant to the agreement, notice that the child has been born to the genetic surrogate. Unless the genetic surrogate has properly exercised the right pursuant to Section 40-11B-814 NMSA 1978 to withdraw consent to the agreement, on proof of a court order issued pursuant to Section 40-11B-813 NMSA 1978 validating the agreement, the court shall order that each intended parent is a parent of the child."
SECTION 85. A new Section 40-11B-816 NMSA 1978 is enacted to read:
"40-11B-816. [NEW MATERIAL] EFFECT OF NON-VALIDATED GENETIC SURROGACY AGREEMENT.--
A. A genetic surrogacy agreement, whether or not in a record, that is not validated pursuant to Section 40-11B-813 NMSA 1978 is enforceable only to the extent provided in this section and Section 40-11B-818 NMSA 1978.
B. If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction pursuant to the agreement.
C. If a child conceived by assisted reproduction pursuant to a genetic surrogacy agreement that is not validated pursuant to Section 40-11B-813 NMSA 1978 is born and the genetic surrogate, consistent with Paragraph (2) of Subsection A of Section 40-11B-814 NMSA 1978, withdraws her consent to the agreement before forty-eight hours after the birth of the child, the court shall adjudicate the parentage of the child pursuant to Articles 1 through 6 of the Revised Uniform Parentage Act.
D. If a child conceived by assisted reproduction pursuant to a genetic surrogacy agreement that is not validated pursuant to Section 40-11B-813 NMSA 1978 is born and a genetic surrogate does not withdraw her consent to the agreement, consistent with Paragraph (2) of Subsection A of Section 40-11B-814 NMSA 1978, before forty-eight hours after the birth of the child, the genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in Subsection A of Section 40-11B-813 NMSA 1978 and the intent of the parties at the time of the execution of the agreement.
E. Each party to a genetic surrogacy agreement has standing to maintain a proceeding to adjudicate parentage pursuant to this section."
SECTION 86. A new Section 40-11B-817 NMSA 1978 is enacted to read:
"40-11B-817. [NEW MATERIAL] GENETIC SURROGACY AGREEMENT--PARENTAGE OF DECEASED INTENDED PARENT.--
A. Except as otherwise provided in Section 40-11B-815 or 40-11B-816 NMSA 1978, on the birth of a child conceived by assisted reproduction pursuant to a genetic surrogacy agreement, each intended parent is, by operation of law, a parent of the child, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child.
B. Except as otherwise provided in Sections 40-11B-815 and 40-11B-816 NMSA 1978, an intended parent is not a parent of a child conceived by assisted reproduction pursuant to a genetic surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:
(1) the agreement provides otherwise; and
(2) the transfer of the gamete or embryo occurs not later than thirty-six months after the death of the intended parent, or the birth of the child occurs not later than forty-five months after the death of the intended parent."
SECTION 87. A new Section 40-11B-818 NMSA 1978 is enacted to read:
"40-11B-818. [NEW MATERIAL] BREACH OF GENETIC SURROGACY AGREEMENT.--
A. Subject to Subsection B of Section 40-11B-814 NMSA 1978, if a genetic surrogacy agreement is breached by a genetic surrogate or one or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.
B. Specific performance is not a remedy available for breach by a genetic surrogate of a requirement of a validated or non-validated genetic surrogacy agreement that the surrogate be impregnated, terminate or not terminate a pregnancy or submit to medical procedures.
C. Except as otherwise provided in Subsection B of this section, specific performance is a remedy available for:
(1) breach of a validated genetic surrogacy agreement by a genetic surrogate of a requirement that prevents an intended parent from exercising the full rights of parentage forty-eight hours after the birth of the child; or
(2) breach by an intended parent that prevents the intended parent's acceptance of the full duties of parentage forty-eight hours after the birth of the child or that results in the intended parent's failure to accept those duties forty-eight hours after the birth of the child."
ARTICLE 9
INFORMATION ABOUT DONOR
SECTION 88. A new Section 40-11B-901 NMSA 1978 is enacted to read:
"40-11B-901. [NEW MATERIAL] DEFINITIONS.--As used in this article of the Revised Uniform Parentage Act:
A. "identifying information" means:
(1) the full name of a donor;
(2) the date of birth of the donor; and
(3) the permanent and, if different, current address, telephone number and electronic mail address of the donor at the time of the donation; and
B. "medical history" means information regarding any:
(1) present illness of a donor;
(2) past illness of the donor; and
(3) social, genetic and family history pertaining to the health of the donor."
SECTION 89. A new Section 40-11B-902 NMSA 1978 is enacted to read:
"40-11B-902. [NEW MATERIAL] APPLICABILITY.--This article of the Revised Uniform Parentage Act applies only to gametes collected on or after January 1, 2026."
SECTION 90. A new Section 40-11B-903 NMSA 1978 is enacted to read:
"40-11B-903. [NEW MATERIAL] COLLECTION OF INFORMATION.--
A. A gamete bank or fertility clinic licensed in New Mexico shall collect from a donor the donor's identifying information and medical history at the time of the donation.
B. A gamete bank or fertility clinic licensed in New Mexico that receives gametes of a donor collected by another gamete bank or fertility clinic shall collect the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes.
C. A gamete bank or fertility clinic licensed in New Mexico shall disclose the information collected pursuant to Subsections A and B of this section as provided in Section 40-11B-905 NMSA 1978."
SECTION 91. A new Section 40-11B-904 NMSA 1978 is enacted to read:
(RESERVED)
SECTION 92. A new Section 40-11B-905 NMSA 1978 is enacted to read:
"40-11B-905. [NEW MATERIAL] DISCLOSURE OF IDENTIFYING INFORMATION AND MEDICAL HISTORY.--
A. On request of a child conceived by assisted reproduction who attains eighteen years of age, a gamete bank or fertility clinic licensed in New Mexico that collected the gametes used in the assisted reproduction shall provide to the child identifying information of the donor who provided the gametes.
B. Regardless of whether a child has made a request pursuant to Subsection A of this section, on request of a child conceived by assisted reproduction who attains eighteen years of age, or, if the child is a minor, of a parent or guardian of the child, a gamete bank or fertility clinic licensed in New Mexico that collected the gametes used in the assisted reproduction shall provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical history of the donor.
C. On request of a child conceived by assisted reproduction who attains eighteen years of age, or, if the child is a minor, of a parent or guardian of the child, a gamete bank or fertility clinic licensed in New Mexico that received the gametes used in the assisted reproduction from another gamete bank or fertility clinic shall disclose to the child or, if the child is a minor, the parent or guardian of the child, the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes."
SECTION 93. A new Section 40-11B-906 NMSA 1978 is enacted to read:
"40-11B-906. [NEW MATERIAL] RECORDKEEPING.--
A. A gamete bank or fertility clinic licensed in New Mexico that collects gametes for use in assisted reproduction shall maintain identifying information and medical history about each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete screening and testing and comply with reporting requirements, in accordance with federal law and applicable law of New Mexico other than the Revised Uniform Parentage Act.
B. A gamete bank or fertility clinic licensed in New Mexico that receives gametes from another gamete bank or fertility clinic shall maintain the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes."
ARTICLE 10
MISCELLANEOUS PROVISIONS
SECTION 94. A new Section 40-11B-1001 NMSA 1978 is enacted to read:
"40-11B-1001. [NEW MATERIAL] UNIFORMITY OF APPLICATION AND CONSTRUCTION.--In applying and construing the Revised Uniform Parentage Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it."
SECTION 95. A new Section 40-11B-1002 NMSA 1978 is enacted to read:
"40-11B-1002. [NEW MATERIAL] RELATION TO FEDERAL ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.--The Revised Uniform Parentage Act modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b)."
SECTION 96. Section 24-14-13 NMSA 1978 (being Laws 1961, Chapter 44, Section 13, as amended) is amended to read:
"24-14-13. BIRTH REGISTRATION.--
A. A certificate of birth for each live birth that occurs in this state shall be filed with the bureau or as otherwise directed by the state registrar within ten days after the birth and shall be registered if it has been completed and filed in accordance with this section. When a birth, however, occurs on a moving conveyance, a birth certificate shall be registered in this state and the place where the child is first removed shall be considered the place of birth.
B. When a birth occurs in an institution, the person in charge of the institution or the person's designated representative shall obtain the personal data, prepare the certificate of birth, secure the signatures required and file it as directed in this section. The physician or other person in attendance shall certify the medical information required by the certificate of birth within ten working days after the birth in accordance with policies established by the institution where the birth occurred. The person in charge of the institution or the person's designee shall complete and sign the certificate of birth.
C. When a birth occurs outside an institution, the certificate of birth shall be prepared and filed by one of the following in the indicated order of priority:
(1) the physician in attendance at or immediately after the birth;
(2) any other person in attendance at or immediately after the birth; or
(3) the father, the mother or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.
D. If the mother was married at the time of either conception or birth, the name of the husband shall be entered on the certificate of birth as the father of the child, unless paternity has been determined pursuant to Subsection F or G of this section or by a court, in which case the name of the father as determined pursuant to Subsection F or G of this section or by the court shall be entered.
E. If the mother was not married at the time of either conception or birth, but the mother and father have signed under penalty of perjury an acknowledgment of paternity on a form provided by the bureau pursuant to the [New Mexico] Revised Uniform Parentage Act, the father's name, date of birth and social security number shall be entered on the acknowledgment of paternity. The name of the father shall not be entered on the certificate of birth without such a written acknowledgment of paternity signed under penalty of perjury by the mother and the person to be named as the father, unless a determination of paternity has been made by a court, in which case the name of the father as determined by the court shall be entered.
F. At or before the birth of a child to an unmarried woman, the person in charge of the institution, a designated representative, the attending physician or midwife shall:
(1) provide an opportunity for the child's mother and father to sign under penalty of perjury an acknowledgment of paternity on a form provided by the bureau pursuant to the [New Mexico] Revised Uniform Parentage Act. The completed acknowledgment of paternity shall be filed with the bureau. The acknowledgment shall contain or have attached to it:
(a) a statement by the mother consenting to the assertion of paternity;
(b) a statement by the father that he is the father of the child;
(c) written information, furnished by the [human services department] health care authority, explaining the implications of signing, including legal parental rights and responsibilities; and
(d) the social security numbers of both parents; and
(2) provide written information, furnished by the [human services department] health care authority, to the mother and father, regarding the benefits of having the child's paternity established and of the availability of paternity establishment services and child support enforcement services.
G. If a married mother claims that her husband is not the father of the child, the husband signs under penalty of perjury a denial of paternity on a form provided by the bureau pursuant to the [New Mexico] Revised Uniform Parentage Act and the non-husband agrees that he is the father, an acknowledgment of paternity may be signed under penalty of perjury by the mother and the non-husband. Upon filing the acknowledgment of paternity and the denial of paternity with the bureau, the name of the non-husband shall be entered on the certificate of birth as the father.
H. Pursuant to an interagency agreement for proper reimbursement, the bureau shall make available to the [human services department] health care authority the birth certificate, the mother's and father's social security numbers and paternity acknowledgments or denials. The [human services department] health care authority shall use these records only in conjunction with its duties as the state IV-D agency responsible for the child support program under Title IV-D of the federal Social Security Act.
I. Each party shall be provided with copies of any acknowledgment of paternity and any related denial of paternity.
J. The forms of acknowledgment of paternity and denial of paternity furnished by the bureau shall comply with the requirements of the [New Mexico] Revised Uniform Parentage Act and shall be provided in English and in Spanish."
SECTION 97. Section 24-14-16 NMSA 1978 (being Laws 1961, Chapter 44, Section 16, as amended) is amended to read:
"24-14-16. JUDICIAL PROCEDURE TO ESTABLISH FACTS OF BIRTH.--
A. If a delayed certificate of birth is rejected under the provisions of Section 24-14-15 NMSA 1978, a petition may be filed with a court for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
B. The petition shall allege that:
(1) the person for whom a delayed certificate of birth is sought was born in this state;
(2) no record of birth of the person can be found in the bureau;
(3) diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Section 24-14-15 NMSA 1978;
(4) the state registrar has refused to register a delayed certificate of birth; and
(5) any other allegations as may be required.
C. The petition shall be accompanied by a statement of the registration official made in accordance with Section 24-14-15 NMSA 1978 and all documentary evidence that was submitted to the registration official in support of the registration. The petition shall be sworn to by the petitioner.
D. The court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioner's delayed certificate of birth ten days' notice of the hearing. The official or the official's authorized representative may appear and testify in the proceeding.
E. If the court finds from the evidence presented that the person for whom a delayed certificate of birth is sought was born in this state, it shall make findings as to the place and date of birth, parentage and other findings as the case may require and shall issue an order to establish a record of birth. This order shall include the birth data to be registered, a description of the evidence presented in the manner prescribed by Section 24-14-15 NMSA 1978 and the date of the court's action.
F. The court shall determine the parent-child relationship of the mother and father pursuant to the [New Mexico] Revised Uniform Parentage Act.
G. The clerk of the court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the record of birth from which copies may be issued in accordance with Sections 24-14-28 and 24-14-29 NMSA 1978."
SECTION 98. Section 32A-5-20 NMSA 1978 (being Laws 1993, Chapter 77, Section 147, as amended) is amended to read:
"32A-5-20. PUTATIVE FATHER REGISTRY--NOTICE--PENALTY.--
A. The purpose of the putative father registry is to protect the parental rights of fathers who affirmatively assume responsibility for children they may have fathered and to expedite adoptions of children whose biological fathers are unwilling to assume responsibility for their children by registering with the putative father registry or otherwise acknowledging their children. The registry does not relieve the obligation of mothers to identify known fathers.
B. A putative father registry shall be established by the department of health to record the names and addresses of:
(1) any person adjudicated by a court of this state to be the father of a child;
(2) any person who has filed with the registry, before or after birth of a child out of wedlock, a notice of intent to claim paternity of the child;
(3) any person who has filed with the registry an instrument acknowledging paternity; or
(4) any person adjudicated by a court of another state or territory of the United States to be the father of an out-of-wedlock child, when a certified copy of the court order has been filed with the registry.
C. A person filing a notice of intent to claim paternity of a child or an acknowledgment of paternity shall include in the notice the following:
(1) his name;
(2) his current address;
(3) the mother's name and any other identifying information requested by the department of health; and
(4) the child's name, if known, and any other identifying information requested by the department of health.
D. If the person filing the notice of intent to claim paternity of a child or acknowledgment changes his address, the person shall notify the department of health of his new address in the manner prescribed by the department of health.
E. A person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed. Upon receipt by the registry of the notice of revocation, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.
F. No registration fee shall be charged for registering the intent to claim paternity of a child or acknowledgment of paternity. The department of health may charge a reasonable fee as prescribed by [regulation] rule for processing searches of the putative father registry.
G. An unrevoked notice of intent to claim paternity of a child may be introduced in evidence by any party in any proceeding in which that fact may be relevant.
H. If a father-child relationship has not been established pursuant to the [New Mexico] Revised Uniform Parentage Act, a petitioner for adoption of or termination of parental rights regarding a child shall obtain a certificate of search of the putative father registry.
I. If a petitioner for adoption of or termination of parental rights regarding a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner shall also obtain a certificate of search from the putative father registry, if any, in that state.
J. The department of health shall furnish to the requester a certificate of search of the registry on request of any court, a state agency, the department, the petitioner's attorney or the mother of the child. The information shall not be disclosed to any other person, except upon order of the court for good cause shown. The requester shall furnish the department with a stamped, self-addressed reply envelope.
K. A certificate provided by the department of health shall be signed on behalf of the department of health and state that:
(1) a search has been made of the registry; and
(2) a registration containing the information required to identify the registrant:
(a) has been found and is attached to the certificate of search; or
(b) has not been found.
L. A petitioner shall file the certificate of search with the district court before a proceeding for adoption of or termination of parental rights regarding a child may be concluded.
M. Subject to any rules established by the New Mexico supreme court, a certificate of search of the registry of paternity in this or another state is admissible in a proceeding for adoption of or termination of parental rights regarding a child and, if relevant, in other legal proceedings.
N. The department of health may promulgate any [regulations] rules or forms necessary to implement the provisions of this section.
O. Any person who intentionally and unlawfully releases information from the putative father registry to the public or makes any other unlawful use of the information in violation of the provisions of this section is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."
SECTION 99. Section 40-4-9.1 NMSA 1978 (being Laws 1986, Chapter 41, Section 1, as amended) is amended to read:
"40-4-9.1. JOINT CUSTODY--STANDARDS FOR DETERMINATION--PARENTING PLAN.--
A. There shall be a presumption that joint custody is in the best interests of a child in an initial custody determination. An award of joint custody does not imply an equal division of financial responsibility for the child. Joint custody shall not be awarded as a substitute for an existing custody arrangement unless there has been a substantial and material change in circumstances since the entry of the prior custody order or decree, which change affects the welfare of the child such that joint custody is presently in the best interests of the child. With respect to any proceeding in which it is proposed that joint custody be terminated, the court shall not terminate joint custody unless there has been a substantial and material change in circumstances affecting the welfare of the child, since entry of the joint custody order, such that joint custody is no longer in the best interests of the child.
B. In determining whether a joint custody order is in the best interests of the child, in addition to the factors provided in Section 40-4-9 NMSA 1978, the court shall consider the following factors:
(1) whether the child has established a close relationship with each parent;
(2) whether each parent is capable of providing adequate care for the child throughout each period of responsibility, including arranging for the child's care by others as needed;
(3) whether each parent is willing to accept all responsibilities of parenting, including a willingness to accept care of the child at specified times and to relinquish care to [the other] another parent at specified times;
(4) whether the child can best maintain and strengthen a relationship with [both parents] each parent through predictable, frequent contact and whether the child's development will profit from such involvement and influence from [both parents] each parent;
(5) whether each parent is able to allow the other to provide care without intrusion, that is, to respect the other's parental rights and responsibilities and right to privacy;
(6) the suitability of a parenting plan for the implementation of joint custody, preferably, although not necessarily, one arrived at through parental agreement;
(7) geographic distance between the parents' residences;
(8) willingness or ability of the parents to communicate, cooperate or agree on issues regarding the child's needs; and
(9) whether a judicial adjudication has been made in a prior or the present proceeding that [either] a parent or other person seeking custody has engaged in one or more acts of domestic abuse against the child, a parent of the child or other household member. If a determination is made that domestic abuse has occurred, the court shall set forth findings that the custody or visitation ordered by the court adequately protects the child, the abused parent or other household member.
C. In any proceeding in which the custody of a child is at issue, the court shall not prefer one parent as a custodian solely because of gender.
D. In any case in which the parents agree to a form of custody, the court should award custody consistent with the agreement unless the court determines that such agreement is not in the best interests of the child.
E. In making an order of joint custody, the court may specify the circumstances, if any, under which the consent of [both legal custodians] each legal custodian is required to be obtained in order to exercise legal control of the child and the consequences of the failure to obtain mutual consent.
F. When joint custody is awarded, the court shall approve a parenting plan for the implementation of the prospective custody arrangement prior to the award of joint custody. The parenting plan shall include a division of a child's time and care into periods of responsibility for each parent. It may also include:
(1) statements regarding the child's religion, education, child care, recreational activities and medical and dental care;
(2) designation of specific decision-making responsibilities;
(3) methods of communicating information about the child, transporting the child, exchanging care for the child and maintaining telephone and mail contact between parent and child;
(4) procedures for future decision-making, including procedures for dispute resolution; and
(5) other statements regarding the welfare of the child or designed to clarify and facilitate parenting under joint custody arrangements.
In a case where joint custody is not agreed to or necessary aspects of the parenting plan are contested, the parties shall each submit parenting plans. The court may accept the plan proposed by [either] a party or it may combine or revise these plans as it deems necessary in the child's best interests. The time of filing of parenting plans shall be set by local rule. A plan adopted by the court shall be entered as an order of the court.
G. Where custody is contested, the court shall refer that issue to mediation if feasible. The court may also use auxiliary services such as professional evaluation by application of Rule [706] 11-706 of the New Mexico Rules of Evidence or Rule [53] 1-053 of the Rules of Civil Procedure for the District Courts.
H. Notwithstanding any other provisions of law, access to records and information pertaining to a minor child, including medical, dental and school records, shall not be denied to a parent because that parent is not the child's physical custodial parent or because that parent is not a joint custodial parent.
I. Whenever a request for joint custody is granted or denied, the court shall state in its decision its basis for granting or denying the request for joint custody. A statement that joint custody is or is not in the best interests of the child is not sufficient to meet the requirements of this subsection.
J. An award of joint custody means that:
(1) each parent shall have significant, well-defined periods of responsibility for the child;
(2) each parent shall have, and be allowed and expected to carry out, responsibility for the child's financial, physical, emotional and developmental needs during that parent's periods of responsibility;
(3) the parents shall consult [with each other] together on major decisions involving the child before implementing those decisions; that is, [neither] no parent shall make a decision or take an action [which] that results in a major change in a child's life until the matter has been discussed [with the other parent] among the parents and the parents agree. If the parents, after discussion, cannot agree and if one parent wishes to effect a major change while [the other] another does not wish the major change to occur, then no change shall occur until the issue has been resolved as provided in this subsection;
(4) the following guidelines apply to major changes in a child's life:
(a) if [either] a parent plans to change [his] the parent's home city or state of residence, [he] that parent shall provide to [the] each other parent thirty days' notice in writing stating the date and destination of move;
(b) the religious denomination and religious activities, or lack thereof, [which] that were being practiced during the marriage should not be changed unless the parties agree or it has been otherwise resolved as provided in this subsection;
(c) [both parents] each parent shall have access to school records, teachers and activities. The type of education, public or private, [which] that was in place during the marriage should continue, whenever possible, and school districts should not be changed unless the parties agree or it has been otherwise resolved as provided in this subsection;
(d) [both parents] each parent shall have access to medical and dental treatment providers and records. Each parent has authority to make emergency medical decisions. [Neither] No parent may contract for major elective medical or dental treatment unless [both parents agree] each parent agrees or it has been otherwise resolved as provided in this subsection; and
(e) [both parents] each parent may attend the child's public activities and [both parents] each parent should know the necessary schedules. Whatever recreational activities the child participated in during the marriage should continue with the child's agreement, regardless of which of the parents has physical custody. Also, [neither] no parent may enroll the child in a new recreational activity unless the parties agree or it has been otherwise resolved as provided in this subsection; and
(5) decisions regarding major changes in a child's life may be decided by:
(a) agreement between the joint custodial parents;
(b) requiring that the parents seek family counseling, conciliation or mediation service to assist in resolving their differences;
(c) agreement by the parents to submit the dispute to binding arbitration;
(d) allocating ultimate responsibility for a particular major decision area to one legal custodian;
(e) terminating joint custody and awarding sole custody to one person;
(f) reference to a master pursuant to Rule 53 of the Rules of Civil Procedure for the District Courts; or
(g) the district court.
K. When [any] a person other than a [natural or adoptive] parent as determined pursuant to the provisions of the Revised Uniform Parentage Act or the Adoption Act seeks custody of a child, no such person shall be awarded custody absent a showing of unfitness of the [natural or adoptive] parent as determined pursuant to the provisions of the Revised Uniform Parentage Act or the Adoption Act.
L. As used in this section:
(1) "child" means a person under the age of eighteen;
(2) "custody" means the authority and responsibility to make major decisions in a child's best interests in the areas of residence, medical and dental treatment, education or child care, religion and recreation;
(3) "domestic abuse" means any incident by a household member against another household member resulting in:
(a) physical harm;
(b) severe emotional distress;
(c) a threat causing imminent fear of physical harm by any household member;
(d) criminal trespass;
(e) criminal damage to property;
(f) stalking or aggravated stalking, as provided in Sections 30-3A-3 and 30-3A-3.1 NMSA 1978; or
(g) harassment, as provided in Section 30-3A-2 NMSA 1978;
(4) "joint custody" means an order of the court awarding custody of a child to [two parents] more than one parent. Joint custody does not imply an equal division of the child's time between the parents or an equal division of financial responsibility for the child;
(5) "parent" means a [natural parent, adoptive] parent as determined pursuant to the provisions of the Revised Uniform Parentage Act or the Adoption Act or person who is acting as a parent who has or shares legal custody of a child or who claims a right to have or share legal custody;
(6) "parenting plan" means a document submitted for approval of the court setting forth the responsibilities of each parent individually and the parents jointly in a joint custody arrangement;
(7) "period of responsibility" means a specified period of time during which a parent is responsible for providing for a child's physical, developmental and emotional needs, including the decision-making required in daily living. Specified periods of responsibility shall not be changed in an instance or more permanently except by the methods of decision-making described under Subsection [L] J of this section;
(8) "sole custody" means an order of the court awarding custody of a child to one parent; and
(9) "visitation" means a period of time available to a noncustodial parent, under a sole custody arrangement, during which a child resides with or is under the care and control of the noncustodial parent."
SECTION 100. Section 40-4-20 NMSA 1978 (being Laws 1901, Chapter 62, Section 31, as amended) is amended to read:
"40-4-20. FAILURE TO DIVIDE OR DISTRIBUTE PROPERTY ON THE ENTRY OF A DECREE OF DISSOLUTION OF MARRIAGE OR SEPARATION--DISTRIBUTION OF SPOUSAL OR CHILD SUPPORT AND DETERMINATION OF PATERNITY WHEN DEATH OCCURS DURING PROCEEDINGS FOR DISSOLUTION OF MARRIAGE, SEPARATION, [ANNULMENT OF MARRIAGE OR] PATERNITY OR TO VOID A MARRIAGE.--
A. The failure to divide or distribute property on the entry of a decree of dissolution of marriage or of separation shall not affect the property rights of either the husband or wife, and either may subsequently institute and prosecute a suit for division and distribution or with reference to any other matter pertaining thereto that could have been litigated in the original proceeding for dissolution of marriage or separation.
B. Upon the filing and service of a petition for dissolution of marriage, separation, [annulment] division of property or debts, spousal support, child support, [or] determination of paternity or a declaration that the marriage is void pursuant to the provisions of Chapter 40, Article 4 or [11] 11B NMSA 1978, if a party to the action dies during the pendency of the action, but prior to the entry of a decree granting dissolution of marriage, separation, [annulment or] determination of paternity or a declaration that the marriage is void, the proceedings for the determination, division and distribution of marital property rights and debts, distribution of spousal or child support or determination of paternity shall not abate. The court shall conclude the proceedings as if both parties had survived. The court may allow the spouse or any children of the marriage support as if the decedent had survived, pursuant to the provisions of Chapter 40, Article 4 or [11] 11B NMSA 1978. In determining the support, the court shall, in addition to the factors listed in Chapter 40, Article 4 NMSA 1978, consider the amount and nature of the property passing from the [decendent] decedent to the person for whom the support would be paid, whether by will or otherwise."
SECTION 101. Section 40-9-2 NMSA 1978 (being Laws 1993, Chapter 93, Section 3, as amended) is amended to read:
"40-9-2. CHILDREN--VISITATION BY GRANDPARENT--PETITION--MEDIATION.--
A. In rendering a judgment of dissolution of marriage, legal separation or the existence of the parent and child relationship pursuant to the provisions of the Revised Uniform Parentage Act, or at any time after the entry of the judgment, the district court may grant reasonable visitation privileges to a grandparent of a minor child, not in conflict with the child's education or prior established visitation or time-sharing privileges.
B. If one or both parents of a minor child are deceased, any grandparent of the minor child may petition the district court for visitation privileges with respect to the minor. The district court may order temporary visitation privileges until a final order regarding visitation privileges is issued by the court.
C. If a minor child resided with a grandparent for a period of at least three months and the child was less than six years of age at the beginning of the three-month period and the child was subsequently removed from the grandparent's home by the child's parent or any other person, the grandparent may petition the district court for visitation privileges with respect to the child, if the child's home state is New Mexico, as provided in the [Child Custody Jurisdiction] Uniform Child-Custody Jurisdiction and Enforcement Act.
D. If a minor child resided with a grandparent for a period of at least six months and the child was six years of age or older at the beginning of the six-month period and the child was subsequently removed from the grandparent's home by the child's parent or any other person, the grandparent may petition the district court for visitation privileges with respect to the child, if the child's home state is New Mexico, as provided in the [Child Custody Jurisdiction] Uniform Child-Custody Jurisdiction and Enforcement Act.
E. A biological grandparent may petition the district court for visitation privileges with respect to a grandchild when the grandchild has been adopted or adoption is sought, pursuant to the provisions of the Adoption Act, by:
(1) a stepparent;
(2) a relative of the grandchild;
(3) a person designated to care for the grandchild in the provisions of a deceased parent's will; or
(4) a person who sponsored the grandchild at a baptism or confirmation conducted by a recognized religious organization.
F. When a minor child is adopted by a stepparent and the parental rights of the natural parent terminate or are relinquished, the biological grandparents are not precluded from attempting to establish visitation privileges. When a petition filed pursuant to the provisions of the Grandparent's Visitation Privileges Act is filed during the pendency of an adoption proceeding, the petition shall be filed as part of the adoption proceedings. The provisions of the Grandparent's Visitation Privileges Act shall have no application in the event of a relinquishment or termination of parental rights in cases of other statutory adoption proceedings.
G. When considering a grandparent's petition for visitation privileges with a child, the district court shall assess:
(1) any factors relevant to the best interests of the child;
(2) the prior interaction between the grandparent and the child;
(3) the prior interaction between the grandparent and each parent of the child;
(4) the present relationship between the grandparent and each parent of the child;
(5) time-sharing or visitation arrangements that were in place prior to filing of the petition;
(6) the effect the visitation with the grandparent will have on the child;
(7) if the grandparent has any prior convictions for physical, emotional or sexual abuse or neglect; and
(8) if the grandparent has previously been a full-time caretaker for the child for a significant period.
H. The district court may order mediation and evaluation in any matter when a grandparent's visitation privileges with respect to a minor child are at issue. When a judicial district has established a domestic relations mediation program pursuant to the provisions of the Domestic Relations Mediation Act, the mediation shall conform with the provisions of that act. Upon motion and hearing, the district court shall act promptly on the recommendations set forth in a mediation report and consider assessment of mediation and evaluation to the parties. The district court may order temporary visitation privileges until a final order regarding visitation privileges is issued by the court.
I. When the district court decides that visitation is not in the best interest of the child, the court may issue an order requiring other reasonable contact between the grandparent and the child, including regular communication by telephone, mail or any other reasonable means.
J. The provisions of the [Child Custody Jurisdiction] Uniform Child-Custody Jurisdiction and Enforcement Act and Section 30-4-4 NMSA 1978, regarding custodial interference, are applicable to the provisions of the Grandparent's Visitation Privileges Act."
SECTION 102. Section 40-10B-3 NMSA 1978 (being Laws 2001, Chapter 167, Section 3, as amended) is amended to read:
"40-10B-3. DEFINITIONS.--As used in the Kinship Guardianship Act:
A. "caregiver" means an adult, who is not a parent of a child, with whom a child resides and who provides that child with the care, maintenance and supervision consistent with the duties and responsibilities of a parent of the child;
B. "child" means an individual who is a minor;
C. "department" means the children, youth and families department;
D. "guardian" means a person appointed as a guardian by a court or Indian tribal authority;
E. "Indian" means, whether an adult or child, a person who is:
(1) a member of an Indian tribe; or
(2) eligible for membership in an Indian tribe;
F. "Indian child" means an Indian person, or a person whom there is reason to know is an Indian person, under eighteen years of age, who is neither:
(1) married; or
(2) emancipated;
G. "Indian child's tribe" means:
(1) the Indian tribe in which an Indian child is a member or eligible for membership; or
(2) in the case of an Indian child who is a member or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has more significant contacts;
H. "Indian custodian" means an Indian who, pursuant to tribal law or custom or pursuant to state law:
(1) is an adult with legal custody of an Indian child; or
(2) has been transferred temporary physical care, custody and control by the parent of the Indian child;
I. "Indian tribe" means an Indian nation, tribe, pueblo or other band, organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians, including an Alaska native village as defined in 43 U.S.C. Section 1602(c) or a regional corporation as defined in 43 U.S.C. Section 1606. For the purposes of notification to and communication with a tribe as required in the Indian Family Protection Act, "Indian tribe" also includes those tribal officials and staff who are responsible for child welfare and social services matters;
J. "kinship" means the relationship that exists between a child and a relative of the child, a godparent, a member of the child's tribe or clan or an adult with whom the child has a significant bond;
K. "parent" means a biological or adoptive parent of a child whose parental rights have not been terminated and includes an individual identified as a parent under the [New Mexico] Revised Uniform Parentage Act; and
L. "relative" means an individual related to a child as a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin or any person denoted by the prefix "grand" or "great", or the spouse or former spouse of the persons specified."
SECTION 103. Section 45-1-301 NMSA 1978 (being Laws 1975, Chapter 257, Section 1-301, as amended) is amended to read:
"45-1-301. APPLICATION.--
A. Except as otherwise provided in the Uniform Probate Code, the code applies to:
(1) the affairs and estates of decedents, missing persons and protected persons domiciled in New Mexico;
(2) the property of nonresidents located in New Mexico or property coming into the control of a fiduciary who is subject to the laws of New Mexico;
(3) incapacitated persons, minors and protected persons in New Mexico;
(4) survivorship and related accounts and similar property interests in New Mexico;
(5) the disclaimer of property interests by persons in New Mexico;
(6) certain kinds of governing instruments that are governed by the laws of New Mexico; and
(7) the apportionment of taxes on estates subject to tax by New Mexico.
B. The Uniform Probate Code does not create, enlarge, modify or diminish parental rights or duties pursuant to the [New Mexico] Revised Uniform Parentage Act, the Adoption Act, the Children's Code or other law of New Mexico. The definition or use of terms in the Uniform Probate Code shall not be used to interpret, by analogy or otherwise, the same or other terms in the [New Mexico] Revised Uniform Parentage Act, the Adoption Act, the Children's Code or other law of New Mexico."
SECTION 104. REPEAL.--Sections 40-11A-101 through 40-11A-903 NMSA 1978 (being Laws 2009, Chapter 215, Sections 1-101 through 1-106, 2-201 through 2-204, 3-301 through 3-314, 4-401, 5-501 through 5-511, 6-601 through 6-643, 7-701 through 7-707, 8-801 and 9-901 through 9-903, as amended) are repealed.
SECTION 105. APPLICABILITY.--The provisions of the Revised Uniform Parentage Act apply to actions commenced on or after January 1, 2026.
SECTION 106. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2026.
- 119 -