Judy is willing to do look-ups on Ancestry.com database. e-mail her your request
Overview of Adoption Records Access and Information in New Mexico
New Mexico Dept. of Vital Statistics
New Mexico Vital Records and Health Statistics
P.O. Box 26110
1190 St. Francis Dr.
Santa Fe, NM 87502
(505) 827-2316
Fax: (505) 984-1048
Make check or money order payable to Vital Statistics
Overview of New Mexico Adoption
Information
In New Mexico, confidential adoption records are available only by court order. They do have a Confidential Intermediary System in place.
A. After the decree of adoption has been entered, all court files containing records of
judicial proceedings conducted pursuant to the provisions of the Adoption Act [this
article] and records submitted to the court in the proceedings shall be kept in separate
locked files withheld from public inspection. Upon application to the clerk of the court,
the records shall be open to inspection by a former parent if
the adoptee is eighteen years of age or older, by an adoptee if the adoptee is eighteen
years of age or older at the time application is made for inspection, by the adoptive
parent if the adoptee is under eighteen years of age at the time application is made for
inspection, by the attorney of any party, by any agency that has exercised guardianship
over or legal custody of a child who was the adoptee in the particular proceeding or by
the department; provided that the
identity of the former parents and of the adoptee shall be kept confidential unless the
former parents and the adoptee have consented to the release of identity. In the absence
of consent to release identity, the inspection shall be limited to the
following non-identifying information:
(1) the health and medical histories of the adoptee's biological parents;
(2) the health and medical history of the adoptee;
(3) the adoptee's general family background, including ancestral information,
without name references or geographical designations;
(4) physical descriptions; and
(5) the length of time the adoptee was in the
care and custody of persons other than the petitioner.
B. After the entry of the decree of adoption, at any time, a former parent may file with
the court, with the placing agency or with the department:
(1) a consent or refusal or an amended consent or refusal to be contacted;
(2) a release of the former parent's identity to the adoptee if the adoptee is eighteen
years of age or older or to the adoptive parent if the adoptee is under eighteen years of
age; or
(3) information regarding the former parent's location or changes in background information.
C. The consent or refusal referred to in Subsection B of this section shall be honored by
the court, the placing agency or the department, unless for good cause the court orders to
the contrary.
D. At any time, an adoptee who is eighteen
years of age or older may file with the court, a placing agency or the department:
(1) information regarding the adoptee's location; or
(2) a consent or refusal regarding opening of the adoptee's adoption file to the adoptee's
former parents.
E. If mutual authorizations for release of identifying information by the parties are not
available, an adoptee who is eighteen years of age or older, the biological parents if the
adoptee is eighteen years of age or older or the adoptive parents if the adoptee is under
the age of eighteen years may file a motion with the court to obtain the release of
identifying information for good cause shown. When hearing
the motion, the court shall give primary consideration to the best interests of the
adoptee, but shall also give due consideration to the interests of the members of the
adoptee's former and adoptive families. In determining whether good cause exists for the
release of identifying information, the court shall consider:
(1) the reason the information is sought;
(2) any procedure available for satisfying the petitioner's request without disclosing the
name or identity of another individual, including appointment of a confidential
intermediary to contact the individual and request specific information;
(3) whether the individual about whom identifying information is sought is alive;
(4) the preference, to the extent known, of the adoptee, the adoptive parents, the former
parents and other members of the adoptee's former and adoptive families and the likely
effect of disclosure on those individuals;
(5) the age, maturity and expressed needs of the adoptee;
(6) the report or recommendation of any individual appointed by the court to assess the
request for identifying information; and
(7) any other factor relevant to an assessment of whether the benefit to the adoptee of
releasing the information sought will be greater than the benefit to any other individual
of not releasing the information.
F. An adoptee shall have the right, for the purpose of enrolling in the adoptee's tribe of
origin, to access information kept by the department. Information needed by an adoptee to
enroll in his tribe of origin may be requested from the department by the following
persons:
(1) the adoptee, after he reaches eighteen years of age;
(2) when the adoptee is a child, his adoptive parent or guardian; or
(3) an adoptee's descendant or, if the adoptee's descendant is a child, an adult
representative for the descendant.
G. When the department receives a request for information regarding an adoptee's
tribe of origin, the department shall examine its records to determine if the adoptee is
of Indian descent. If the department establishes that an adoptee is of Indian descent, the
department shall:
(1) provide the requestor with the tribal affiliation of the adoptee's biological parents;
(2) submit to the tribe information necessary to establish tribal enrollment for the
adoptee and to protect any rights flowing from the adoptee's tribal relationship; and
(3) provide notice to the requestor of the department's submission of
information to the adoptee's tribe.
A. The court may appoint a confidential intermediary to ascertain whether an individual is
willing to be contacted, is willing to release his name or identity or is willing to meet
or otherwise communicate about any condition that may affect the moving party's physical
or mental health, upon petition to the court by:
(1) an adoptee who is eighteen years of age or older;
(2) an adoptive parent of an adoptee who is less than eighteen years of age; or
(3) an adoptee's former parent, when the adoptee is eighteen years of age or older.
B. The confidential intermediary shall make a reasonable effort to determine if the
individual whose identity is sought by the petitioner has filed a signed document
authorizing or refusing to authorize the release of the individual's name or identity.
C. When the confidential intermediary finds a signed
authorization for a party to be contacted or for the release of identifying information,
the intermediary shall release that information to the petitioner. Upon the petitioner's
written request, the intermediary may assist the petitioner in locating the individual who
authorized the release of identifying information, in ascertaining whether the individual
is willing to meet or communicate with the petitioner and in facilitating a meeting or other
communication.
D. When the confidential intermediary finds a signed refusal
to authorize the release of identifying information, the intermediary shall report this to
the petitioner and the court and shall not attempt to locate or contact the individual who
has refused to authorize contact or the release of identifying information. The petitioner
may then withdraw the petition or request the release of identifying information for good
cause shown, pursuant to the provisions of Section 32A-5-40 NMSA 1978.
E. When the confidential intermediary does not find any
documents concerning the release of identifying information or if the intermediary finds a
document indicating that an individual whose identity is sought by the petitioner is
undecided about whether to release identifying information, the intermediary shall make a
reasonable search for and discreetly contact the individual to as certain whether
the individual is willing to release information to the petitioner or willing to meet or
communicate with the petitioner, whom the intermediary may describe to the individual only
in general, non-identifying terms. When the individual consents in writing to the release
of information, the intermediary shall release the information
to the petitioner, and upon the mutual written request and consent of the petitioner and
the individual, the intermediary shall facilitate a meeting or other communication between
the petitioner and the individual. If the individual refuses to authorize the release of
information sought by the petitioner, the intermediary
shall report this to the petitioner and the court and the petitioner may withdraw the
motion or file a motion with the court for an order to release identifying information for
good cause shown, pursuant to provisions of Section 32A-5-40 NMSA 1978.
F. When an individual sought by the confidential
intermediary is deceased, the intermediary shall report this to the petitioner and the
court and, upon the petitioner's request, the court shall determine on the basis of the
factors listed in Section 32A-5-40 NMSA 1978 whether good cause exists to release
identifying information about the individual to the petitioner.
G. When an individual sought by the confidential
intermediary cannot be located within a year, the intermediary shall report this to the
petitioner and the court. The court may authorize an additional search for a specified
period of time or determine on the basis of the factors listed in Section 32A-5-40 NMSA
1978 whether good cause exists to release identifying information about the individual to
the petitioner.
H. A confidential intermediary may charge the petitioner for actual expenses incurred in
providing a service requested under this section. Upon motion by the intermediary, the
court may authorize a reasonable fee in addition to the expenses.
I. A confidential intermediary shall complete training
provided by the department or any other entity approved by the court and shall file an
oath of confidentiality in every court in which the intermediary expects to serve.
J. The confidential intermediary oath shall state:
"I,________________________, signing under penalty of perjury, affirm that I have
completed the requisite training for a confidential intermediary in this state. I will not
disclose to the petitioner, directly or indirectly, any identifying information in sealed
records except under the conditions specified in this section. I will conduct a reasonable
search for an individual being sought and make a discreet and confidential inquiry as to
whether the individual consents to the release of identifying or medical information to
the petitioner or to meeting or communicating with the petitioner. I will report to
the petitioner or the court the results of my search and inquiry, along with any signed
request or consent I receive from the individual. If the individual and the petitioner
request and consent in writing to meet or communicate with each other, I will act in
accordance with the instructions of the petitioner or the court to facilitate any meeting
or communication between them. I will not charge or accept any fee for my services except
for reimbursement from the petitioner for actual expenses incurred in performing my
services or as authorized by the court. I recognize that unauthorized release of
information is a violation of the Adoption Act [this article] and subjects me to penalties
pursuant to the provisions of Section
32A-5-42 NMSA 1978 and may subject me to being found in contempt of court with penalties,
dismissal by the court and civil liability."
