New Mexico: Access to OBCs and Non-ID
NEW MEXICO
DENIES UNRESTRICTED ACCESS TO OBC (Court order required)
Who May Access Information
Citation: Ann. Stat. § 32A-5-40
Information may be accessed by:
• The adopted person who is age 18 or older
• The birth parent if the adopted person is age 18 or older
• The adoptive parent of an adopted person under age 18
• An adopted person’s birth sibling
• A guardian
• An attorney for any party
Access to Original Birth Certificate
Citation: Ann. Stat. § 24-14-17
The original birth certificate is available only upon order of the court.
Access to Non-identifying Information
Citation: Ann. Stat. § 32A-5-40
Unless the birth parent and the adopted person have consented to the release of their identities, inspection of records is limited to
non-identifying information. This includes:
• The health and medical histories of the birth parents and the adopted person
• General family background
• Physical descriptions
• The length of time the adopted person was in the care and custody of persons other than the adoptive parents
Mutual Access to Identifying Information
Citation: Ann. Stat. §§ 32A-5-40; 32A-5-41
At any time after the entry of the decree of adoption, a birth parent may file:
• Consent or refusal to be contacted
• Release of the birth parent’s identity to the adult adopted person or to the adoptive parent of a minor adopted person
• Information regarding the birth parent’s location or changes in background information
At any time, an adult adopted person may file information regarding his or her location and consent or refusal regarding opening of
his or her adoption file to his or her birth parents.
If mutual authorizations for release of identifying information by the parties are not available, an adult adopted person, the birth
parents, or the adoptive parents if the adopted person is a minor may file a motion with the court to obtain the release of identifying
information for good cause shown. When hearing the motion, the court shall give primary consideration to the best interests of the
adopted person, but shall also give due consideration to the interests of the members of the adopted person’s birth and adoptive
families. The court may assign a confidential intermediary to ascertain needed information.
An adopted person shall have the right to access information to enroll in his or her Tribe of origin. If the department establishes that
an adopted person is of Indian descent, the department shall:
• Provide the requester with the Tribal affiliation of the adopted person’s birth parents
• Submit to the Tribe information necessary to establish Tribal enrollment for the adopted person and to protect any rights
flowing from the adopted person’s Tribal relationship
• Provide notice to the requester of the department’s submission of information to the adopted person’s Tribe
Where the Information Can Be Located
New Mexico Adoption Search, Department of Children, Youth and Families