N.M. Admin. Code § 8.26.3.19

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

Section 8.26.3.19 - TERMINATION OF PARENTAL RIGHTS

A. See Sections 32A-5-15 and 32A-5-16 NMSA 1978.

B. Initiation of termination of parental rights action: A termination of parental rights (hereafter TPR) action may be initiated by:

(1) a separate action prior to the filing of the petition for adoption;

(2) simultaneously with the petition for adoption; or

(3) subsequent to the filing of the petition for adoption by motion in the adoption proceeding.

C. A TPR action shall be served in accordance with the rules of civil procedure for the district courts for service of a civil action in this state with the exception that the department may be served by certified mail.

D. Full disclosure: Reasonable efforts shall be made to obtain full disclosure in a termination of parental rights proceeding.

E. Indian child: If the adoptee is an Indian child, also see Section 44 [now 8.26.3.44 NMAC].

N.M. Admin. Code § 8.26.3.19

01/01/98; Recompiled 11/30/01