A. The clerk of the court shall file pleadings captioned pursuant to the provisions of Section 32A-5-9 NMSA 1978. The clerk of the court shall not file incorrectly captioned pleadings.
B. The clerk of the court shall mail a copy of the request for placement to the department within one working day of the request for placement being filed with the court. The attorney for the person requesting placement shall provide to the clerk of the court a copy of the request for placement and a stamped envelope addressed to the department as specified in department regulation.
C. The clerk of the court shall mail a copy of the petition for adoption within one working day of the petition for adoption being filed with the court. The attorney for the petitioner shall provide to the clerk of the court a copy of the petition for adoption and a stamped envelope addressed to the department as specified in department regulation.
D. The clerk of the court shall mail a copy of the decree of adoption to the department within one working day of the entry of the decree of adoption. The attorney for the petitioner shall provide to the clerk of the court a copy of the decree of adoption and a stamped envelope addressed to the department as specified in department regulation.
E. In any adoption involving an Indian child, the clerk of the court shall provide the secretary of the interior with a copy of any decree of adoption or adoptive placement order and other information as required by the federal Indian Child Welfare Act of 1978. The attorney for the petitioner shall provide to the clerk of the court a copy of an adoption decree, an adoptive placement order, any other information required by the federal Indian Child Welfare Act of 1978 and a stamped envelope addressed to the secretary of the interior.
F. The clerk of the court shall provide a certificate of adoption with an adoptee's new name.
G. The attorney for the petitioner shall forward the certificate of adoption provided for in Subsection F of this section as follows:
(1) for a person born in the United States, to the appropriate vital statistics office of the place, if known, where the adoptee was born; or
(2) for all other persons, to the state registrar of vital statistics.
History: 1978 Comp., § 32A-5-7, enacted by Laws 1993, ch. 77, § 134; 1995, ch. 206, § 28; 2005, ch. 189, § 59.
ANNOTATIONSCross references. — For the Federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901.
The 2005 amendment, effective June 17, 2005, in Subsection F, provided that the clerk of the court shall provide a certificate of adoption with the adoptee's new name; and added Subsection G, which provided that the attorney for the petitioner shall forward the certificate of adoption as provided in Subsection G(1) and (2).
The 1995 amendment, effective July 1, 1995, substituted "32A-5-9" for "32-5-9" in Subsection A and added the second sentence in Subsection E.