HOUSE BILL 39

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Alonzo Baldonado

AN ACT

RELATING TO ADOPTION; CLARIFYING LANGUAGE IN THE ADOPTION ACT THAT CONSENT IS NOT REQUIRED FROM THE BIOLOGICAL FATHER OF A CHILD CONCEIVED AS A RESULT OF ANY FORM OF CRIMINAL SEXUAL PENETRATION.

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

     SECTION 1. Section 32A-5-19 NMSA 1978 (being Laws 1993, Chapter 77, Section 146, as amended) is amended to read:

     "32A-5-19. PERSONS WHOSE CONSENTS OR RELINQUISHMENTS ARE NOT REQUIRED.--The consent to adoption or relinquishment of parental rights required pursuant to the provisions of the Adoption Act shall not be required from:

          A. a parent whose rights with reference to the adoptee have been terminated pursuant to law;

          B. a parent who has relinquished the child to an agency for an adoption;

          C. a biological father of an adoptee conceived as a result of [rape] any form of criminal sexual penetration, as defined in Section 30-9-11 NMSA 1978, or incest;

          D. a person who has failed to respond when given notice pursuant to the provisions of Section 32A-5-27 NMSA 1978; or

          E. an alleged father who has failed to register with the putative father registry within ten days of the child's birth and is not otherwise the acknowledged father."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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