N.M. Admin. Code § 8.10.7.22

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.10.7.22 - RELINQUISHMENT OF PARENTAL RIGHTS

A. Relinquishments may only be taken in furtherance of a plan of adoption, or in cases where a severance of the parent-child relationship is therapeutically necessary for the child's emotional or physical well-being.

B. The children's court attorney shall create a record in the district court that the relinquishment is voluntary, and that no promises were made to the parent, no fraud was involved, that the parent understands the consequences and the finality of the decision, and unless the adoption is open, the court shall not enforce any agreements regarding contact with the child.

C. No one may relinquish parental rights to PSD without PSD's consent.

D. In any case involving an Indian child, the relinquishment shall only be taken in state court if the parent is domiciled off-reservation. Otherwise, the tribal court has exclusive jurisdiction.

(1) PSD shall make a record concerning the parent's domicile prior to the relinquishment being taken.

(2) PSD shall not accept the relinquishment of an Indian child until ten (10) days after the birth of the child.

E. PSD shall not accept the relinquishment of a child within until forty-eight (48) hours after the birth of the child.

F. Unconditional relinquishments are preferred. Conditional relinquishments must be for good cause and approved by the court.

(1) PSD may accept a conditional relinquishment when the relinquishing parent(s) designates an adoptive parent(s) whose home study has been approved, or when the relinquishment contemplates the termination of parental rights of the other parent.

(2) PSD shall not accept a conditional relinquishment with the condition that the relinquishing parent shall be a post-adoption contact.

N.M. Admin. Code § 8.10.7.22

8.10.7.22 NMAC - Rp, 8.10.7.23 NMAC, 3/31/10