N.M. Code R. § 8.26.3.46

Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.26.3.46 - ADOPTION OF A FOREIGN BORN CHILD
A. A foreign born child may be adopted in New Mexico:
(1) Such adoption does not entitle the adoptee to citizenship in the United States.
(2) The foreign born adoptee shall comply with all Integration [sic] and Naturalization Services (INS) requirements and may not be entitled to remain in the U.S. in spite of the adoption if INS requirements are not satisfied.
(3) If INS does not recognize a foreign adoption decree, a petition for adoption shall be filed in New Mexico and all of the requirements of the act and these regulations shall be satisfied unless express exceptions to the act are provided in the regulations.
B. Exceptions to the pre-placement study for a foreign born child:
(1) Substitute criminal records check: In any adoption involving a foreign born child, the INS form (currently I-171) may be submitted in place of the criminal records check required by the regulations. See Section 18.8 [now Subsection H of 8.26.3.18 NMAC].
(2) Medical examination and certificate: Prior to filing the petition for adoption, a foreign born child shall have a medical examination by a physician licensed to practice medicine in any state in the United States. A medical certificate of the foreign born child's physical condition shall be filed with the petition for adoption.

N.M. Code R. § 8.26.3.46

01/01/98; Recompiled 11/30/01