Skip to main content
Find a Lawyer

New Mexico Statutes Chapter 32A. Children's Code § 32A-28-32. Termination procedures in independent adoptions; notice of petition; burden of proof; required findings

Current as of January 01, 2024 | Updated by Findlaw Staff

A. In addition to the requirements of the Adoption Act, a petition for termination of parental rights involving an Indian child shall set forth:

(1) the tribal affiliations of the Indian child's parents;

(2) the specific actions taken by the moving party to notify the parents' Indian tribe and the results of the contacts, including the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the Indian tribe shall be attached as exhibits to the petition; and

(3) the specific active efforts made to comply with the placement preferences of the Indian Family Protection Act.

B. Notice of the filing of the petition, accompanied by a copy of the petition, shall be served by the petitioner by certified or registered mail with return receipt requested on the Indian child's tribe and on the Indian child's parents or guardians.

C. The grounds for any termination shall be proved beyond a reasonable doubt.

D. A judgment of the court terminating parental rights shall include findings establishing that each requirement of the Indian Family Protection Act was met.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - New Mexico Statutes Chapter 32A. Children's Code § 32A-28-32. Termination procedures in independent adoptions; notice of petition; burden of proof; required findings - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-32a-childrens-code/nm-st-sect-32a-28-32/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard