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Establishing Paternity in New Mexico

How paternity is established in New Mexico: the voluntary acknowledgment form, court orders, genetic testing and deadlines.

Short answer: The mother and a man claiming to be the genetic father may sign an acknowledgment of paternity on the state vital records bureau's form, under penalty of perjury, before or after the birth; NMSA 1978, §§ 40-11A-301, 40-11A-302, 40-11A-304, 40-11A-307, 40-11A-308

Establishing paternityThe mother and a man claiming to be the genetic father may sign an acknowledgment of paternity on the state vital records bureau's form, under penalty of perjury, before or after the birth; it takes effect at birth or on filing with the bureau, whichever is later, and is the equivalent of a court adjudication of paternity. A signer may rescind only through a court proceeding brought by the earlier of 60 days after the acknowledgment takes effect or the first court hearing about the child in which the signer is a party (with a later deadline for signers who were minors). After that, it can be challenged only for fraud, duress or material mistake of fact, within two years after filing (or after a minor signer turns 18).

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FAQ

How do you establish paternity in New Mexico?
The mother and a man claiming to be the genetic father may sign an acknowledgment of paternity on the state vital records bureau's form, under penalty of perjury, before or after the birth; it takes effect at birth or on filing with the bureau, whichever is later, and is the equivalent of a court adjudication of paternity. A signer may rescind only through a court proceeding brought by the earlier of 60 days after the acknowledgment takes effect or the first court hearing about the child in which the signer is a party (with a later deadline for signers who were minors). After that, it can be challenged only for fraud, duress or material mistake of fact, within two years after filing (or after a minor signer turns 18).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.