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N.M. Stat. § 32A-5-15

New Mexico Statutes

Chapter 32A. Children's Code

Article 5. Adoption Act


§ 32A-5-15. Termination of parental rights


A. The physical, mental and emotional welfare and needs of the child shall be the primary consideration for the termination of parental rights. The court may terminate the rights of the child's parents as provided by the Adoption Act.


B. The court shall terminate parental rights with respect to a child when:


(1) the child has been abandoned by the parents;


(2) the child has been a neglected or abused child and the court finds that the conditions and causes of the neglect and abuse are unlikely to change in the foreseeable future; or


(3) the child has been placed in the care of others, including care by other relatives, either by a court order or otherwise, and the following conditions exist:


(a) the child has lived in the home of others for an extended period of time;


(b) the parent-child relationship has disintegrated;


(c) a psychological parent-child relationship has developed between the substitute family and the child;


(d) if the court deems the child of sufficient capacity to express a preference, the child no longer prefers to live with the natural parent;


(e) the substitute family desires to adopt the child; and


(f) a presumption of abandonment created by the conditions described in Subparagraphs (a) through (e) of this paragraph has not been rebutted.


C. A finding by the court that all of the conditions set forth in Subparagraph (a) through (e) of Paragraph (3) of Subsection B of this section exist shall create a rebuttable presumption of abandonment.


D. The termination of parental rights involving an Indian child shall comply with the requirements of the federal Indian Child Welfare Act of 1978. [FN1]


L. 1993, Ch. 77, § 142; L. 1995, Ch. 206, § 33, eff. July 1, 1995.


[FN1] 25 U.S.C.A. § 1901 et seq.