SB 417 — CONFIRMATORY ADOPTIONS

or a t m m 21 (2) an adoption by a resident of a foreign d r e 22 country that is a party to the Hague Convention on Protection c e s k 23 of Children and Co-operation in Respect of Intercountry e a n b 24 Adoption of a child who is a resident of the United States;

u [ [J.] L.

"counselor" means a person certified by the .230737.2 - 6 - department to conduct adoption counseling in independent adoptions;

[K.] M.

"Donor" does not include SB 417 Page 6 a person who:

(3) is a parent of a child of assisted reproduction pursuant to Article 7 of the New Mexico Uniform e t 17 Parentage Act;

or w l n d 18 (4) is an intended parent pursuant to a = = 19 a l surrogacy agreement;

i a e r 20 [L.] O.

"foreign born child" means any child not a t m m 21 born in the United States who is not a citizen of the United d r e 22 States;

c e s k 23 [M.] P.

"former parent" means a parent whose e a n b 24 parental rights have been terminated or relinquished;

u [ [N.] Q.

"full disclosure" means mandatory and .230737.2 - 7 - continuous disclosure by the investigator, agency, department or petitioner throughout the adoption proceeding and after finalization of the adoption of all known, nonidentifying information regarding the adoptee, including:

SB 417 Page 7 (5) medication history;

[O.] R.

"independent adoption" means an adoption when the child is not in the custody of the department or an e t 17 agency;

w l n d 18 [P.] S.

"investigator" means an individual = = 19 a l certified by the department to conduct pre-placement studies i a e r 20 and post-placement reports;

a t m m 21 [Q.] T.

"office" means a place for the regular d r e 22 transaction of business or performance of particular services;

c e s k 23 U.

"parent" means a person who has established a e a n b 24 parent-child relationship;

u [ V.

"parent-child relationship" means a relationship .230737.2 - 8 - between a person and a child that is established by:

SB 417 Page 8 (4) a presumption of parentage pursuant to Section 40-11A-204 NMSA 1978;

[R.] W.

"parental rights" means all rights of a e t 17 parent with reference to a child, including parental right to w l n d 18 control, to withhold consent to an adoption or to receive = = 19 a l notice of a hearing on a petition for adoption;

i a e r 20 [S.] X.

"placement" means the selection of a family a t m m 21 for an adoptee or matching of a family with an adoptee and d r e 22 physical transfer of the adoptee to the family in all adoption c e s k 23 proceedings, except in adoptions filed pursuant to Paragraphs e a n b 24 (1) and (2) of Subsection C of Section 32A-5-12 NMSA 1978, in u [ which case placement occurs when the parents consent to the .230737.2 - 9 - adoption, parental rights are terminated or parental consent is implied;

[T.] Y.

[U.]SB 417 Page 9 Z.

[V.] AA.

or e t 17 (3) before the adoptee's birth, an individual w l n d 18 who attempted to marry the adoptee's biological mother by a = = 19 a l marriage solemnized in apparent compliance with law, although i a e r 20 the attempted marriage is or could be declared invalid and if a t m m 21 the attempted marriage:

d r e 22 (a) could be declared invalid only by a c e s k 23 court, the adoptee was born during the attempted marriage or e a n b 24 within three hundred days after its termination by death, u [ annulment, declaration of invalidity or divorce;

or .230737.2 - 10 - (b) is invalid without a court order, the adoptee was born within three hundred days after the termination of cohabitation;

[W.] BB.

"record" means any petition, affidavit, consent or relinquishment form, transcript or notes of SB 417 Page 10 testimony, deposition, power of attorney, report, decree, order, judgment, correspondence, document, photograph, invoice, receipt, certificate or other printed, written, videotaped or tape-recorded material pertaining to an adoption proceeding;

[X.] CC.

[Y.] DD.

"resident" means a person who, prior to filing an adoption petition, has lived in the state for at least six months immediately preceding filing of the petition e t 17 for adoption or a person who has become domiciled in the state w l n d 18 by establishing legal residence with the intention of = = 19 a l maintaining the residency indefinitely;

and i a e r 20 [Z.] EE.

"stepparent adoption" means an adoption of a t m m 21 the adoptee by the adoptee's stepparent when the adoptee has d r e 22 lived with the stepparent for at least one year following the c e s k 23 marriage of the stepparent to the custodial parent." e a n b 24 SECTION 2.

A new section of the Adoption Act, Section u [ 32A-5-3.1 NMSA 1978 is enacted to read:

.230737.2 - 11 - "32A-5-3.1.

[NEW MATERIAL] APPLICABILITY OF TERMS.--To the extent practicable, any provision of the Adoption Act applicable to a father-child relationship applies to a mother-mother-child child relationship or parent-child relationship, and any provision SB 417 Page 11 of the Adoption Act applicable to a mother-child relationship applies to a father-child relationship or parent-parent-child child relationship." SECTION 3.

e t 17 if a joint interview is not conducted, an explanation shall be w l n d 18 provided in the pre-placement study;

= = 19 a l (3) a home visit, which shall include an i a e r 20 interview with the petitioner's children and any other a t m m 21 permanent residents of the petitioner's home;

d r e 22 (4) an interview with the adoptee, if age c e s k 23 appropriate;

e a n b 24 (5) an individual interview with each of the u [ adoptee's parents;

if a parent is not interviewed, an .230737.2 - 12 - explanation shall be provided in the pre-placement study;

(7) exploration of the petitioners' philosophy concerning discussion of adoption issues with the SB 417 Page 12 adoptee;

(11) a statement of the capacity and readiness of the petitioner for parenthood and the petitioner's emotional and physical health and ability to shelter, feed, clothe and e t 17 educate the adoptee;

w l n d 18 (12) verification of the petitioner's = = 19 a l employment, financial resources and marital status;

i a e r 20 (13) a report of a medical examination a t m m 21 performed on the adoptee within one year prior to the proposed d r e 22 adoptive placement;

c e s k 23 (14) a statement of the results of any prior e a n b 24 pre-placement study or initiation of a pre-placement study, if u [ any, of the petitioners done by any person;

and .230737.2 - 13 - (15) [the investigator shall attach] a copy of proof of certification by the department for the investigator to conduct pre-placement studies or, if the preparer of the pre-placement study is SB 417 Page 13 out-of-state, the preparer shall attach a statement setting forth qualifications that are equivalent to those required of an investigator pursuant to the provisions of Section 32A-5-13 NMSA 1978 and department regulations.

e t 17 E.

The requirements of this section shall not apply w l n d 18 to confirmatory adoptions." = = 19 a l SECTION 4.

Section 32A-5-27 NMSA 1978 (being Laws 1993, i a e r 20 Chapter 77, Section 154, as amended) is amended to read:

a t m m 21 "32A-5-27.

NOTICE OF PETITION--FORM OF SERVICE--WAIVER.--SERVICE-- dWAIVER.-- r e 22 A.

The petition for adoption shall be served by the c e s k 23 petitioner on the following, unless it has been previously e a n b 24 waived in writing:

u [ (1) the department, by providing a copy to the .230737.2 - 14 - court clerk for service pursuant to Section 32A-5-7 NMSA 1978;

SB 417 Page 14 (2) any person, agency or institution whose consent or relinquishment is required by Section 32A-5-17 NMSA 1978, unless the notice has been previously waived;

(9) any person in whose home the child has resided for at least two months within the preceding six e t 17 months;

w l n d 18 (10) the agency or individual authorized to = = 19 a l investigate the adoption under Section 32A-5-13 NMSA 1978;

and i a e r 20 (11) any other person designated by the court.

a t m m 21 B.

d r e 22 (1) an alleged father;

and c e s k 23 (2) a person whose parental rights have been eSB a417 nPage b15 24 relinquished or terminated.

u [ C.

The petitioner shall provide the clerk of the .230737.2 - 15 - court with a copy of the petition for adoption, to be mailed to the department pursuant to the provisions of Section 32A-5-7 NMSA 1978.

Provided, however, that this provision shall not apply to an agency, the department or an investigator preparing the post-post-placement placement report pursuant to Section 32A-5-31 NMSA 1978.

If an agency, the department or an investigator preparing the post-post-placement placement report wants to contest the adoption, it shall notify the court within twenty days after completion of the post-post-placement placement report.

Service shall be made pursuant to the Rules of e t 17 Civil Procedure for the District Courts.

If the whereabouts of w l n d 18 a parent whose consent is required is unknown, the = = 19 a l investigator, department or agency charged with investigating i a e r 20 the adoption under Section 32A-5-13 NMSA 1978 shall investigate a t m m 21 the whereabouts of the parent and shall file by affidavit the d r e 22 results of the investigation with the court.

Upon a finding by c e s k 23 the court that information as to the SB 417 Page 16 whereabouts of a parent e a n b 24 has been sufficiently investigated and is still insufficient to u [ effect service in accordance with the Rules of Civil Procedure .230737.2 - 16 - for the District Courts, the court shall issue an order providing for service by publication.

The requirements of this section shall not apply to confirmatory adoptions." e t 17 SECTION 5.

Section 32A-5-34 NMSA 1978 (being Laws 1993, w l n d 18 Chapter 77, Section 161, as amended) is amended to read:

= = 19 a l "32A-5-34.

FEES AND CHARGES--DAMAGES.-- i a e r 20 A.

Prior to the final hearing on a petition, the a t m m 21 petitioner shall file a full accounting of all disbursements of d r e 22 anything of value made or agreed to be made by or on behalfSB of417 cPage e17 sbehalf kof 23 the petitioner in connection with an adoption.

The accounting e a n b 24 report shall be signed under penalty of perjury.

The u [ accounting report shall be itemized in detail and shall show .230737.2 - 17 - the services reasonably relating to the adoption or to the placement of the child for adoption that were received by the parents of the child, by the child or by or on behalf of the petitioner.

Only a prospective adoptive parent, acting alone, through an agency or through an attorney who is licensed in this state, shall make payments for services relating to the adoption or to the placement of the adoptee for adoption for e t 17 allowed expenses only to third-party vendors, as reasonably w l n d 18 practical.

These payments shall consist of reasonable and = = 19 a l actual fees or charges for:

i a e r 20 (1) the services of an agency in connection a t m m 21 with an adoption;

d r e 22 (2) medical, hospital, nursing, cSB e417 sPage k18 23 pharmaceutical, traveling or other similar expenses incurred by e a n b 24 a mother or the adoptee in connection with the birth or any u [ illness of an adoptee;

.230737.2 - 18 - (3) reasonable counseling services relating to the adoption;

(7) preparation of a pre-placement study and of a post-placement report during the pendency of the adoption e t 17 proceeding;

or w l n d 18 (8) any other service or expense the court = = 19 a l finds is reasonably necessary for services relating to the i a e r 20 adoption or to the placement of the adoptee for adoption.

a t m m 21 C.

Any person who makes payments that are not d r e 22 permitted pursuant to the provisions of this section is in cSB e417 sPage k19 23 violation of the Adoption Act and subject to the penalties set e a n b 24 forth in Section 32A-5-42 NMSA 1978.

u [ D.

Any person who threatens or coerces a parent to .230737.2 - 19 - complete the relinquishment of parental rights or to complete the consent to an adoption, by demanding repayment of expenses or by any other threat or coercion, shall be liable to the parent for compensatory and punitive damages.

[NEW MATERIAL] CONFIRMATORY ADOPTION.-- A.

Whenever a child is born as a result of assisted reproduction and a person or persons who did not give birth is a parent or parents and seeks to confirm parentage through an e t 17 adoption of the child, the court shall permit the parent to w l n d 18 file a petition for adoption in accordance with this section.

= = 19 a l B.

Notwithstanding any other provisions of the i a e r 20 Adoption Act, a petition for confirmatory adoption shall aSB t417 mPage m20 21 include the following:

d r e 22 (1) signatures from all petitioners for c e s k 23 confirmatory adoption;

e a n b 24 (2) if any of the petitioners are married, a u [ copy of the petitioners' marriage certificate;

.230737.2 - 20 - (3) a declaration signed by all petitioners explaining the circumstances of the child's birth through assisted reproduction, attesting that the petitioners are parents and that there are no other persons with a claim to parentage of the child;

e t 17 E.

Unless otherwise ordered by the court for good w l n d 18 cause shown and supported by written findings of the court = = 19 a l demonstrating good cause, for the purposes of evaluating and i a e r 20 granting a petition for confirmatory adoption pursuant to thisSB a417 tPage m m 21 this section, the court shall not require:

d r e 22 (1) placement;

c e s k 23 (2) a pre-placement study or post-placement e a n b 24 report, including home visits, interviews, medical exams or u [ certificates, employment or financial resource verification, .230737.2 - 21 - letters of reference or examination of a petitioner's capacity or readiness;

(1) the child was born through assisted e t 17 reproduction to parents joined in marriage, one of the w l n d 18 petitioners gave birth to the child and there are no competing = = 19 a l claims of parentage;

or i a e r 20 (2) the child was born through assisted aSB t417 mPage m22 21 reproduction with the consent of all petitioners, one of the d r e 22 petitioners gave birth to the child, the other petitioner or c e s k 23 petitioners are parents and there are no competing claims of e a n b 24 parentage.

u [ G.

A petition for confirmatory adoption shall not .230737.2 - 22 - be denied on the basis that:

The intended parent or parents shall consent to the assisted reproduction in a record signed [bybefore, themon beforeor eafter tthe 17day theof placementbirth of the eggs,child sperm or embryos.in an oral agreement entered into before conception by each intended parent.

DonorsB. shall also w l n d 18 consent to an assisted reproduction before retrieval of the = = 19 a l donors' eggs or sperm] before, on or after the day of birth of i a e r 20 the child or in an oral agreement entered into before a t m m 21 conception by each intended parent.

dThe rabsence eof 22evidence B.required pursuant to Subsection A of this section does not preclude a finding of SB 417 Page 23 parentage if the person resided with the child after birth and openly held out the child as the person's own jointly with the birthing parent.

[Failure of a parent to sign a consent required c e s k 23 by] The absence of evidence required pursuant to Subsection A e a n b 24 of this section does not preclude a finding of parentage if the u [ [parent during the first two years of the child's life] person .230737.2 - 23 - resided [in the same household] with the child after birth and openly held out the child as the [parent's] person's own jointly with the birthing parent.

All papers relating to the assisted reproduction, whether part of a court, medical or any other file, are subject to inspection only upon an order of the district court or with the consent, in a signed record,record of:

eSB t417 17Page - 24 -25 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .230737.2