A. Once adopted, an adoptee shall take a name designated by the petitioner, except in stepparent adoptions. In stepparent adoptions, the adoptee shall take the new name designated by the petitioner in the petition so long as the petitioner's spouse and the child, if over the age of fourteen years, consent to the new name. The name change need not be requested in the petition.
B. After adoption, the adoptee and the petitioner shall sustain the legal relation of parent and child as if the adoptee were the biological child of the petitioner and the petitioner were the biological parent of the child. The adoptee shall have all rights and be subject to all of the duties of that relation, including the right of inheritance from and through the petitioner, and the petitioner shall have all rights and be subject to all duties of that relation, including right of inheritance from and through the adoptee.
History: 1978 Comp., § 32A-5-37, enacted by Laws 1993, ch. 77, § 164; 2005, ch. 189, § 69.
ANNOTATIONSThe 2005 amendment, effective June 17, 2005, changed "ten years" to "fourteen years" and provided that the name change need not be requested in the petition in Subsection A.
Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 40-7-52 NMSA 1978 have been included in the annotations to this section.
Adoption, by all tests, is a status like any other relational status. — It is created by acts of the parties plus the effect of law; it is a relationship which cannot be terminated by the sole will of the parties; it is the source of a bundle of rights, duties and obligations, and is of great interest to the state. It should, then, be treated by the courts in the same way they treat other types of domestic status. Delaney v. First Nat'l Bank, 1963-NMSC-160, 73 N.M. 192, 386 P.2d 711.
Adopted children in same legal position as those begotten by marriage. — The legislature has evinced an understanding that adopted children should be placed in the same legal position and are to receive the same consideration as children begotten by the marriage. Hahn v. Sorgen, 1946-NMSC-015, 50 N.M. 83, 171 P.2d 308.
Adopted child on level with natural child in construing will. — Wills must be construed in harmony with the public policy of placing an adopted child on a level with natural children. Delaney v. First Nat'l Bank, 73 N.M. 192, 386 P.2d 711 (1963).
The public policy in New Mexico is to treat adopted children the same as natural children. An adopted child is grouped with lineal descendants in determining the amount of the decedent's estate which is exempt from inheritance tax, and also imposes an inheritance tax upon estates passing to parent or parents, husband, wife, lineal descendants or legally adopted child. Delaney v. First Nat'l Bank, 1963-NMSC-160, 73 N.M. 192, 386 P.2d 711.
Both parents must join adoption application before child heir of both. — A child adopted does not become the heir of both adopting parents unless both join in the application. Dodson v. Ward, 1925-NMSC-046, 31 N.M. 54, 240 P. 991.
Child adopted by stepfather may not inherit from natural paternal grandparent. — Where a child was adopted by her stepfather after her natural father's death, but before her natural paternal grandmother's death, the adopted child could not inherit from her natural grandmother. In re Estate of Holt, 1981-NMSC-011, 95 N.M. 412, 622 P.2d 1032.
Challenges to decree. — By statutorily placing a definite time limitation for attacking adoption decrees, the legislature intended to ensure that adopted children were given status equal to that of children begotten by marriage; therefore, father's motion for relief from judgment filed five years after the final adoption decree was entered was time-barred. In re Adoption of Webber, 1993-NMCA-099, 116 N.M. 47, 859 P.2d 1074.
Visitation rights of nonparent. — Former Section 40-7-52 NMSA 1978 did not limit the children's court's authority to fashion a decree that is in the child's best interests and that includes, if appropriate, visitation rights for third parties with whom the child has close ties. The primary purpose of that statute was to ensure that adopted children can inherit from their adoptive parents. In re Adoption of Francisco A., 1993-NMCA-144, 116 N.M. 708, 866 P.2d 1175.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Adoption § 171 et seq.
Adoption as precluding testamentary gift under natural relative's will, 71 A.L.R.4th 374.
Postadoption visitation by natural parent, 78 A.L.R.4th 218.
Adopted child as within class named in deed or inter vivos trust instrument, 37 A.L.R.5th 237.
2 C.J.S. Adoption of Persons §§ 140 to 154.