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 paternity | 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). |
|---|
Where to get help in New Mexico
More New Mexico divorce & family law
- Getting a Marriage License in New Mexico
- Adopting a Child in New Mexico
- Guardianship of a Child or Adult in New Mexico
- Changing Your Name in New Mexico
- Child Custody Laws in New Mexico
- How Child Support Is Calculated in New Mexico
- Alimony and Spousal Support in New Mexico
- How to File for Divorce in New Mexico
- Legal Separation and Annulment in New Mexico
- All New Mexico divorce & family law rules
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.