46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PARENTAGE; CLARIFYING PARENTAGE IN ASSISTED REPRODUCTION; AMENDING SECTIONS OF THE NMSA 1978.

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

Section 1. 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 which occurs in this state shall be filed with the vital statistics bureau of the public health division of the department 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 his 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 his 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 in the absence of this person]; 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 genetic mother was married at the time of either conception or birth, the name of [the] her husband shall be entered on the certificate of birth as the father of the child, unless [paternity] parentage has been determined pursuant to Subsection F or G of this section or by a court, in which case the name of the [father] parents as determined by the court shall be entered.

E. If the genetic mother was not married at the time of either conception or birth, but the father has signed an acknowledgment of paternity as provided by this section, 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 the written consent of the genetic 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 genetic mother and natural father to complete an acknowledgment of [paternity] parentage. The completed affidavit shall be filed with the vital statistics bureau of the public health division of the department. The acknowledgment shall contain or have attached to it:

(a) a sworn statement by the genetic mother consenting to the assertion of [paternity] parentage;

(b) a sworn statement by the father that he is the natural father of the child;

(c) written information, furnished by the human services department, 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, to the genetic mother and father or putative father, regarding the benefits of having the child's [paternity] parentage established and of the availability of [paternity] parentage establishment services and child support enforcement services.

G. If a married [mother] person claims that [her husband] the spouse is not the [father] parent of the child, the [husband] spouse agrees that he or she is not the [father] genetic parent and the putative [father] parent agrees that he or she is the [father] parent, an acknowledgment of [paternity] parentage may be signed by the respective parties and duly notarized. Upon filing this affidavit with the state registrar, the [name] names of the [nonhusband] genetic parents shall be entered on the certificate of birth as the [father] parents.

H. Pursuant to an interagency agreement for proper reimbursement, the vital statistics bureau of the public health division of the department shall make available to the human services department the birth certificate, the mother's and father's social security numbers and [paternity] parentage acknowledgments. The human services department 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."

Section 2. Section 40-11-2 NMSA 1978 (being Laws 1986, Chapter 47, Section 2) is amended to read:

"40-11-2. [DEFINITION] DEFINITIONS.--As used in the Uniform Parentage Act:

A. "gamete" means a mature sperm or egg capable of participating in fertilization; and

B. "parent and child relationship" means the legal relationship existing between a child and [his] the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations. It includes the mother and child relationship and the father and child relationship."

Section 3. Section 40-11-5 NMSA 1978 (being Laws 1986, Chapter 47, Section 5, as amended) is amended to read:

"40-11-5. PRESUMPTION OF [PATERNITY] PARENTAGE.--

A. A [man] person is presumed to be the natural [father] parent of a child if:

(1) [he] a man and the child's [natural] genetic mother are or have been married to each other and the child is born during the marriage or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after a decree of separation is entered by a court;

(2) before the child's birth, [he] a man and the child's [natural] genetic mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

(a) if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage or within three hundred days after its termination by death, annulment, declaration of invalidity or divorce; or

(b) if the attempted marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation;

(3) after the child's birth, [he] a man and the child's [natural] genetic mother have married or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

(a) he has acknowledged his paternity of the child in writing filed with the vital statistics bureau of the public health division of the department of health;

(b) with his consent, he is named as the child's father on the child's birth certificate; or

(c) he is obligated to support the child under a written voluntary promise or by court order;

(4) while the child is under the age of majority, [he] a person openly holds out the child as [his] the person's natural child and has established a personal, financial or custodial relationship with the child; or

(5) [he] a person acknowledges [his paternity] parentage of the child pursuant to Section 24-14-13 NMSA 1978 or in writing filed with the vital statistics bureau of the public health division of the department of health, which shall promptly inform the [mother] genetic parent of the filing of the acknowledgment, and, within a reasonable time after being informed of the filing, [she] the genetic parent does not dispute the acknowledgment. In order to enforce the rights of custody or visitation, a [man] person presumed to be the [father] parent as a result of filing a written acknowledgment shall seek an appropriate judicial order in an action filed for that purpose. A signed voluntary acknowledgment of [paternity] parentage is considered a legal finding of [paternity] parentage, subject to the right of any signatory to rescind the acknowledgment within the earlier of:

(a) sixty days from the date of signing; or

(b) the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, to which the signatory is a party. After sixty days from the date of signing, the acknowledgment may be challenged in court only on the grounds of fraud, duress or material mistake of fact, with the burden of proof upon the challenger, although legal responsibilities arising from signing the acknowledgment may not be suspended during the challenge, except upon a showing of good cause. Judicial or administrative proceedings are not required to ratify an unchallenged acknowledgment.

B. If two or more [men] persons are presumed under this section to be the child's [father] parent, an acknowledgment by one of them may be effective only with the written consent of the other or pursuant to Subsection C of this section.

C. A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more [men] persons are presumed under this section to be the [father] parent of the same child, [paternity] parentage shall be established as provided in the Uniform Parentage Act. If the presumption has been rebutted with respect to one [man, paternity] person, parentage of the child by another [man] person may be determined in the same action if [he] that person has been made a party.

D. A [man] person is presumed to be the natural [father] parent of a child if, pursuant to blood or genetic tests properly performed by a qualified person and evaluated by an expert, including deoxyribonucleic acid (DNA) probe technique tests under the Uniform Parentage Act, the probability of [his] the person being the [father] parent is ninety-nine percent or higher.

E. The voluntary acknowledgment of [paternity] parentage must be recognized as a basis for seeking a support order without requiring any further proceedings to establish [paternity] parentage.

F. Full faith and credit must be given to determination of [paternity] parentage made by other states, including acknowledgments of [paternity] parentage."

Section 4. Section 40-11-6 NMSA 1978 (being Laws 1986, Chapter 47, Section 6) is amended to read:

"40-11-6. [ARTIFICIAL INSEMINATION] ASSISTED REPRODUCTION.--

A. If under the supervision of a licensed physician and with the consent of [her husband] the spouse a [woman is inseminated artificially] person undergoes assisted reproduction with [semen] donated [by a man not her husband] gametes, the [husband] spouse is treated as [if he were] the natural [father] parent of the child thereby conceived so long as the [husband's] spouse's consent is in writing, signed by [him and his wife] both spouses. The physician shall certify their signatures and the date of the [insemination] gamete transfer and file the [husband's] spouse's consent with the vital statistics bureau of the [health services] public health division of the [health and environment] department of health, where it shall be kept confidential and in a sealed file; provided, however, that the physician's failure to either certify or file the consent shall not affect the [father] parent and child relationship.

B. [Any] A donor of [semen] gametes provided to a licensed physician for use in [artificial insemination] assisted reproduction of a [woman] person other than the donor's [wife] spouse may be treated as [if he were] the natural [father] parent of the child thereby conceived if [he] the donor so consents in writing signed by [him] the donor and the [woman] gamete recipient. The physician shall certify their signatures and the date of the [insemination] gamete transfer and file the donor's consent with the vital statistics bureau of the [health services] public health division of the [health and environment] department of health, where it shall be kept confidential and in a sealed file; provided, however, that the physician's failure to either certify or file the consent shall not affect the [father] parent and child relationship.

C. All papers and records pertaining to the [insemination] gamete transfer, whether part of a court, medical or any other file, are subject to inspection only upon an order of the court for good cause shown."