State Laws and Legislation

New Mexico Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
New Mexico law permits any individual or married couple to petition to adopt. (N.M. STAT. ANN. § 32A-5-11)

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt. Also, it appears that the New Mexico Children, Youth and Families Department  permits same-sex couples to jointly petition to adopt because of their use of gender neutral and “partner” language on the application for adoption. See the Application for Adoption.

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, and some lower courts have allowed second-parent adoptions to proceed.  No state court, however, has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.


The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Updated: Thu, December 10, 2009 - 12:00:07