N.M. Admin. Code § 7.2.2.12

Current through Register Vol. 35, No. 23, December 10, 2024

Section 7.2.2.12 - ADOPTION OF FOREIGN BORN

A.Final Decree Requirements. On proof of adoption, a certificate of foreign birth shall be established by the state registrar for a person born in a foreign country who was not a citizen of the United States at the time of birth, provided the following conditions exist:

(1) the adopting parents are legal residents of New Mexico or members of the United States armed forces on active duty within the state of New Mexico;

(2) the child is adopted in New Mexico;

(3) a New Mexico court has issued an order recognizing the foreign adoption, if required;

(4) the department is provided a certified copy of the report of adoption and related court order;

(5) the final decree of adoption includes or is amended to include the following court findings:

(a) the probable country of birth;

(b) the year (and if known), the date and place of birth;

(c) a provision directing the state registrar to establish a certificate of birth.

B.Citizenship- limitations. The birth certificate form used by the state registrar in cases of foreign birth shall state on its face "this certificate is not evidence of United States citizenship."

C.Confidentiality. The evidence of adoption shall be sealed by the state registrar and shall not be subject to public inspection. The information shall be opened for inspection only upon court order, or upon the authorization of the state registrar in accordance with the Adoption Act.

D.Applicability. This section applies only to individuals born in foreign countries and who were neither born to U.S. citizens residing abroad nor naturalized as citizens prior to the adoption.

N.M. Admin. Code § 7.2.2.12

Adopted by New Mexico Register, Volume XXX, Issue 20, October 29, 2019, eff. 10/29/2019, Adopted by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 12/27/2022