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Requirements to Adopt in New Mexico

If you’re thinking about adopting a child in New Mexico, it’s important to know whether you meet the state’s adoption requirements. It’s not necessary to have a powerful career or have unlimited wealth and riches, but you will need to meet a few qualifications for adoption to verify that you can provide a safe and loving home for a child.

You can get more information about the requirements to adopt in New Mexico by filling out our online form or calling 1-800-ADOPTION.

To help you determine whether you meet the New Mexico adoption requirements, we’ve rounded up a few frequently asked questions below:

How old do you have to be to adopt in New Mexico?

There is no adoption age limit in New Mexico. As long as the hopeful adoptive parent is a legal adult and is approved by the court as a suitable adoptive parent, age is not mentioned in New Mexico’s state laws.

Do you have to be married to adopt in New Mexico?

New Mexico does not have marriage requirements for adoption either. In fact, the following residents can adopt in New Mexico:

  • An individual who the court has approved as a suitable adoptive parent

  • A married couple jointly if they have been approved as suitable adoptive parents

  • A married individual without his or her spouse joining in the adoption if:

    • The spouse who doesn’t join the adoption petition is the adopted child’s parent (as in a stepparent adoption)

    • The individual and the spouse who doesn’t join the adoption petition are legally separated

    • The spouse’s failure to join the adoption petition is excused for reasonable circumstances by the court

It’s important to note, though, that as a national adoption agency, American Adoptions abides by requirements of its own that satisfy laws in all fifty states. Currently, American Adoptions only works with couples who have been married for two or more years. However, there is an exception process, so don’t hesitate to contact us if you don’t meet this requirement but still wish to pursue adoption.

Can a felon adopt a child in New Mexico?

The answer to this question is not a simple “yes” or “no.” If you or your partner has been convicted of a felony, the nature of the felony will affect whether or not you are eligible to adopt in the state of New Mexico. If the crime included any sort of abuse, assault or domestic violence, especially involving a child, it is unlikely that you would be allowed to adopt a child. However, if the crime was of a different nature and you can explain to your social worker what happened and what steps you’ve taken to change and improve, she may determine that you still meet the New Mexico adoption requirements.

What are the emotional requirements to adopt a child in New Mexico?

If you and your partner believe you both meet the legal requirements to adopt in New Mexico, it’s important that you consider the emotional qualifications as well. Some questions that you should ask yourselves are:

  • Are we both on the same page about adopting a child?

  • Have we both moved on completely from infertility and the grief that accompanies it?

  • How do we plan to tell our loved ones about our decision to adopt?

  • Do we both understand that the adoption process comes with emotional lows as well as highs?

If you both feel confident in all of the answers to the above questions, then congratulations! Committing to adopting a child is not always an easy decision, but it’s so worth it in the end.

Requirements to Adopt a Child from the New Mexico Foster Care System

As a private domestic adoption agency, American Adoptions works only to complete private domestic adoptions. However, the New Mexico foster care system is still very important to us. If you think you might be interested in adopting an older child or becoming a foster parent, we encourage you to look into doing so.

In large part, the New Mexico adoption requirements from the foster care system are the same as they are from a private agency. New Mexico citizens who meet the following criteria can qualify to foster parent:

  • Healthy

  • At least 21 years of age

  • Able to provide space for a foster child

  • Willing to undergo a home study and attend parenting classes

  • Committed to providing a child with a safe and loving home

To learn more about our agency's New Mexico adoption requirements or to begin the adoption process, please call American Adoptions at 1-800-ADOPTION or contact us online.

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