New Mexico Answer by Natural Mother Denying Consent to Adopt or Abandonment and Alleging that Consent not Freely Given

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Multi-State
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US-00896BG
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Word; 
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Description

This form is a generic form answer or response to a complaint or petition to adopt the minor child of Respondent. Respondent denies that she consented to the adoption or abandoned the child.

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FAQ

It is possible to put a child up for adoption without the father's consent. In the future, however, if the father decides that he wants his child, then this may place an already established adoption in jeopardy. The father at that point may have the right to sue for custody of his child.

If a man is considered the father of the child, then he does have a birth father's rights in adoption. These rights should not be ignored, and adoption without consent from the father may be highly unlikely.

New Mexico law requires the adoption petition to be filed within 60 days of placement if the child is less than a year old when placed. For older minor adoptees, the petition must be filed within 120 days. Extensions up to an additional 180 days are available upon timely request.

The biological father's consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.

New Mexico state laws dictate that the prospective birth mother, the proposed adoptive parent(s), the presumed father, the acknowledged father, and the child-placing professional all consent to the adoption. If the child is 14 years or older, he or she must consent as well.

Any person may adopt his spouse's child in ance with the provisions of the Adoption Act. (9) when adopted, the adoptee shall take the name designated in the adoption petition, so long as the petitioner's spouse and the adoptee, if ten years of age or older, consent to the name.

? ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

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New Mexico Answer by Natural Mother Denying Consent to Adopt or Abandonment and Alleging that Consent not Freely Given