Getting Ready for a Child: Legal Adoption in New Mexico

Written by BooAdmin on . Posted in Blog

Woman Teaching Kid — Albuquerque, NM — Law Offices of Lynda Latta, LLC

Welcoming a new member into your family requires a lot of preparation. If you are a New Mexico resident thinking about adoption, an attorney could help you a great deal during this process. Below is what you should expect once you decide to adopt a child in New Mexico. 


The State of New Mexico, under the Children, Youth and Families Department (hereafter referred to as the department), will conduct a home study to determine if your home or family can accommodate a new member. Typically, they identify your strengths as a prospective adoptive family. They also evaluate your ability and willingness to create a safe and conducive environment for the child.

Marital Status

You will need the family court’s approval to adopt a child. If you are married, you must agree to embark on the adoption process mutually. However, the court might exclude one partner during the adoption. For instance, the court could rule that one partner is not fit as a parent. 

If one of the partners is a step-parent to the child, they will not be part of the process. Same-sex partners are also eligible for being adoptive parents.

Criminal Record

Maybe you have a felony record, and you’re worried that your misdemeanor can inhibit your chances of adopting a child. There isn’t a clear-cut specific answer about whether or not you can adopt a child when you have a felony. Here is why; the severity of your charges influences the outcome of your adoption request.

In most cases, the department will reject your application if you were found guilty of sensitive crimes such as child or sexual abuse. You could stand a chance if you were guilty of a lesser offense such as DUI. However, you must show that you have reformed. 

Financial and Psychological Preparedness

Taking care of a child requires physical, financial, and psychological commitment. As a prospective adoptive parent, you are mandated to schedule an adoptive parent orientation session that equips you with the necessary skills to maneuver through the new phase of life. Additionally, you must also attend pre-service adoption training.

Your home should have enough space for the additional member(s). Additionally, consider pre-adoption counseling as it helps you connect with other families who have gone down that road. The adoption agency conducts regular tests to ensure that the child can fit in your family. For example, they could ask the child to visit during the weekend to get a feel of their new home. 

Fostering and Adoption Requirements

When you decide to foster, you care for the child since their birth parents are deemed unsuitable. On the other hand, adoption takes a more permanent approach without the possibility of the birth parents coming around. A background check is paramount before you adopt. Study the requirements for fostering and adoption before making a decision.

Getting Help

The adoption process requires interaction with several parties, including adoption facilitators like child placement agencies and even social workers. Your attorney will give you the necessary help you need in the legal world.

What more, your lawyer helps you choose a suitable adoption agency. They also keep you informed on your contractual obligations as you adopt the child. Should any legal disputes arise, your lawyer will sort them amicably.

Child adoption can be a long and rigorous process. It is for this reason that you require an experienced attorney to guide you through the process. Your lawyer will assess your situation and advise whether you should consider fostering before adoption. If you meet the adoption criteria, the professional will ensure a stress-free adoption process. Contact the Law Offices of Lynda Latta LLC to learn more.

Leave a comment