New Mexico

ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes; however, Order must be reviewed and approved by the state in advance.

GC is listed as "mother" at time of birth; no birth certificate is issued with her name, unless it's requested in the Order.

Prior to the birth, send Rebecca Ulibarri (  ) a certified copy of the Order.  Following the birth, notify Rebecca the birth occurred and reconfirm the hospital where the delivery occurred.  Rebecca will call the hospital and walk the birth clerk through the birth certificate process. 

Expedited Requests:

New Mexico Bureau of Vital Records and Health Statistics

Attn: Rebecca Ulibarri

1105 S. St. Francis Drive

Santa Fe, NM  87505

Please send an self- addressed envelope with the birth certificate application and include payment:

$10 amendment fee

$105 for each certificate ordered

Birth Certificates

Timing - Varies by county, but the typical time frame is 5-10 business days.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC; however, GC's name should be replaced by second Intended Parent's name (i.e. unsure if state will issued a birth certificate without a second parent).

statutes / case law

Gestational Surrogacy is neither permitted nor prohibited by statute, N.M. Stat. Ann.§40-11A-801.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. NM Stat.§ 40-11A-702 states that egg and sperm donors are no the parents of children conceived through assisted reproduction.  

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence.

Do results vary by venue?  No.

Are motions to waive venue accepted?  No; however, peremptory challenges to a judge may be made.

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Yes.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  No.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  Yes.

Does the couple need to be married?  No.