SENATE BILL 463
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Cisco McSorley
FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE
AN ACT
RELATING TO FAMILY LAW; ENACTING THE NEW MEXICO UNIFORM PARENTAGE ACT; PROVIDING FOR ESTABLISHMENT OF THE PARENT-CHILD RELATIONSHIP, DETERMINATION OF PATERNITY AND GENETIC TESTING; PROVIDING PENALTIES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
ARTICLE 1
GENERAL PROVISIONS AND DEFINITIONS
Section 1-101. [NEW MATERIAL] SHORT TITLE.--Sections 1-101 through 9-903 of this act may be cited as the "New Mexico Uniform Parentage Act".
Section 1-102. [NEW MATERIAL] DEFINITIONS.--As used in the New Mexico Uniform Parentage Act:
A. "acknowledged father" means a man who has established a father-child relationship pursuant to Article 3 of the New Mexico Uniform Parentage Act;
B. "adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child;
C. "alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. "Alleged father" does not include:
(1) a presumed father;
(2) a man whose parental rights have been terminated or declared not to exist; or
(3) a male donor;
D. "assisted reproduction" means a method of causing pregnancy other than sexual intercourse. "Assisted reproduction" includes:
(1) intrauterine insemination;
(2) donation of eggs;
(3) donation of embryos;
(4) in-vitro fertilization and transfer of embryos; and
(5) intracytoplasmic sperm injection;
E. "bureau" means the vital records and health statistics bureau of the epidemiology and response division of the department of health;
F. "child" means a person of any age whose parentage may be determined pursuant to the New Mexico Uniform Parentage Act;
G. "commence" means to file the initial pleading seeking an adjudication of parentage in district court;
H. "determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity pursuant to Article 3 of the New Mexico Uniform Parentage Act or adjudication by the court;
I. "donor" means a person who produces eggs or sperm used for assisted reproduction, whether or not for consideration. "Donor" does not include:
(1) a husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife;
(2) a woman who gives birth to a child by means of assisted reproduction; or
(3) a parent pursuant to Article 7 of the New Mexico Uniform Parentage Act;
J. "ethnic or racial group" means, for purposes of genetic testing, a recognized group that a person identifies as all or part of the person's ancestry or that is so identified by other information;
K. "genetic testing" means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. "Genetic testing" includes an analysis of one or a combination of the following:
(1) deoxyribonucleic acid; and
(2) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins or red-cell enzymes;
L. "man" means a male person of any age;
M. "parent" means a person who has established a parent-child relationship pursuant to Section 2-201 of the New Mexico Uniform Parentage Act;
N. "parent-child relationship" means the legal relationship between a child and a parent of the child, including the mother-child relationship and the father-child relationship;
O. "paternity index" means the likelihood of paternity calculated by computing the ratio between:
(1) the likelihood that the tested man is the father, based on the genetic markers of the tested man, mother and child, conditioned on the hypothesis that the tested man is the father of the child; and
(2) the likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man;
P. "presumed father" means a man who, by operation of law pursuant to Section 2-204 of the New Mexico Uniform Parentage Act, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding;
Q. "probability of paternity" means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability;
R. "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
S. "signatory" means a person who signs or otherwise authenticates a record and is bound by its terms;
T. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States; and
U. "support-enforcement agency" means a public official or agency authorized to seek:
(1) enforcement of support orders or laws relating to the duty of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) location of child-support obligors and their income and assets.
Section 1-103. [NEW MATERIAL] SCOPE OF ACT--CHOICE OF LAW.--
A. The New Mexico Uniform Parentage Act applies to determination of parentage in New Mexico.
B. The district court shall apply the law of New Mexico to adjudicate the parent-child relationship. The applicable law does not depend on:
(1) the place of birth of the child; or
(2) the past or present residence of the child.
C. The New Mexico Uniform Parentage Act does not create, enlarge, modify or diminish parental rights or duties pursuant to the Children's Code or other law of New Mexico. The definition or use of terms in the New Mexico Uniform Parentage Act shall not be used to interpret, by analogy or otherwise, the same or other terms in the Adoption Act or other law of New Mexico.
Section 1-104. [NEW MATERIAL] JURISDICTION.--The district court has jurisdiction to adjudicate parentage pursuant to the New Mexico Uniform Parentage Act.
Section 1-105. [NEW MATERIAL] PROTECTION OF PARTICIPANTS.--Proceedings pursuant to the New Mexico Uniform Parentage Act are subject to other laws of New Mexico governing the health, safety, privacy and liberty of a child or other person who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, social security number and the child's daycare facility and school.
Section 1-106. [NEW MATERIAL] DETERMINATION OF MATERNITY.--Provisions of the New Mexico Uniform Parentage Act relating to determination of paternity apply to determinations of maternity.
ARTICLE 2
PARENT-CHILD RELATIONSHIP
Section 2-201. [NEW MATERIAL] ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.--
A. The mother-child relationship is established between a woman and a child by:
(1) the woman's having given birth to the child;
(2) an adjudication of the woman's maternity; or
(3) adoption of the child by the woman.
B. The father-child relationship is established between a man and a child by:
(1) an unrebutted presumption of the man's paternity of the child pursuant to Section 2-204 of the New Mexico Uniform Parentage Act;
(2) an effective acknowledgment of paternity by the man pursuant to Article 3 of the New Mexico Uniform Parentage Act, unless the acknowledgment has been rescinded or successfully challenged;
(3) an adjudication of the man's paternity;
(4) adoption of the child by the man; or
(5) the man's having consented to assisted reproduction by a woman pursuant to Article 7 of the New Mexico Uniform Parentage Act that resulted in the birth of the child.
Section 2-202. [NEW MATERIAL] NO DISCRIMINATION BASED ON MARITAL STATUS.--A child born to parents who are not married to each other has the same rights pursuant to the law as a child born to parents who are married to each other.
Section 2-203. [NEW MATERIAL] CONSEQUENCES OF ESTABLISHMENT OF PARENTAGE.--Unless parental rights are terminated or relinquished, a parent-child relationship established pursuant to the New Mexico Uniform Parentage Act applies for all purposes, except determinations of parental rights pursuant to the Children's Code or as otherwise provided by other law of New Mexico.
Section 2-204. [NEW MATERIAL] PRESUMPTION OF PATERNITY.--
A. A man is presumed to be the father of a child if:
(1) he and the mother of the child are married to each other and the child is born during the marriage;
(2) he and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity or divorce or after a decree of separation;
(3) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, declaration of invalidity or divorce or after a decree of separation;
(4) after the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:
(a) the assertion is in an acknowledgement of paternity on a form provided by the bureau that is filed with the bureau;
(b) he agreed to be and is named as the child's father on the child's birth certificate; or
(c) he promised in a record to support the child as his own; or
(5) for the first two years of the child's life, he resided in the same household with the child and openly held out the child as his own.
B. A presumption of paternity established pursuant to this section may be rebutted only by an adjudication pursuant to Article 6 of the New Mexico Uniform Parentage Act. Rebuttal of a presumption of paternity pursuant to the New Mexico Uniform Parentage Act does not apply to a presumption of paternity established pursuant to the Adoption Act.
ARTICLE 3
VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
Section 3-301. [NEW MATERIAL] ACKNOWLEDGMENT OF PATERNITY.--The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man's paternity.
Section 3-302. [NEW MATERIAL] EXECUTION OF ACKNOWLEDGMENT OF PATERNITY.--
A. An acknowledgment of paternity shall:
(1) be on a form provided by the bureau;
(2) be signed or otherwise authenticated under penalty of perjury by the mother and by the man seeking to establish his paternity;
(3) state that the child whose paternity is being acknowledged:
(a) does not have a presumed father or has a presumed father whose full name is stated; and
(b) does not have another acknowledged or adjudicated father;
(4) state whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and
(5) state that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years.
B. An acknowledgment of paternity is void if it:
(1) states that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the bureau;
(2) states that another man is an acknowledged or adjudicated father; or
(3) falsely denies the existence of a presumed, acknowledged or adjudicated father of the child.
C. A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
Section 3-303. [NEW MATERIAL] DENIAL OF PATERNITY.--A presumed father may sign a denial of his paternity. The denial is valid only if:
A. an acknowledgment of paternity signed or otherwise authenticated by another man is filed pursuant to Section 3-305 of the New Mexico Uniform Parentage Act;
B. the denial is on a form provided by the bureau and is signed or otherwise authenticated under penalty of perjury; and
C. the presumed father has not previously:
(1) acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to Section 3-307 of the New Mexico Uniform Parentage Act or successfully challenged pursuant to Section 3-308 of the New Mexico Uniform Parentage Act; or
(2) been adjudicated to be the father of the child.
Section 3-304. [NEW MATERIAL] RULES FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY.--
A. An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed.
B. An acknowledgment of paternity or a denial of paternity may be signed before or after the birth of the child.
C. Subject to Subsection A of this section, an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the bureau, whichever occurs later.
D. An acknowledgment of paternity or denial of paternity signed by a minor is valid if it is otherwise in compliance with the New Mexico Uniform Parentage Act.
Section 3-305. [NEW MATERIAL] EFFECT OF ACKNOWLEDGMENT OR DENIAL OF PATERNITY.--
A. Except as otherwise provided in Sections 3-307 and 3-308 of the New Mexico Uniform Parentage Act, a valid acknowledgment of paternity filed with the bureau is equivalent to an adjudication of paternity of a child.
B. Except as otherwise provided in Sections 3-307 and 3-308 of the New Mexico Uniform Parentage Act, a valid denial of paternity by a presumed father filed with the bureau in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father.
Section 3-306. [NEW MATERIAL] NO FILING FEE.--The bureau shall not charge for filing an acknowledgment of paternity or denial of paternity.
Section 3-307. [NEW MATERIAL] PROCEEDING FOR RESCISSION.--A signatory may rescind an acknowledgment of paternity or denial of paternity only by means of a judicial proceeding to rescind the acknowledgment or denial of paternity. A proceeding to rescind an acknowledgment of paternity or a denial of paternity shall be brought no later than the earlier of:
A. sixty days after the effective date of the acknowledgment or denial, as provided in Section 3-304 of the New Mexico Uniform Parentage Act; or
B. the date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
Section 3-308. [NEW MATERIAL] CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION.--
A. After the period for rescission pursuant to Section 3-307 of the New Mexico Uniform Parentage Act has expired, a signatory to an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:
(1) on the basis of fraud, duress or material mistake of fact; and
(2) within two years after the acknowledgment or denial is filed with the bureau.
B. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.
Section 3-309. [NEW MATERIAL] PROCEDURE FOR RESCISSION OR CHALLENGE.--
A. Every signatory to an acknowledgment of paternity and any related denial of paternity shall be made a party to a proceeding to rescind or challenge the acknowledgment or denial.
B. For the purpose of rescission of or challenge to an acknowledgment of paternity or denial of paternity, a signatory submits to the personal jurisdiction of the district courts of this state by signing the acknowledgment or denial, effective upon the filing of the document with the bureau.
C. Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the district court shall not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
D. A proceeding to rescind or to challenge an acknowledgment of paternity or denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage pursuant to Article 6 of the New Mexico Uniform Parentage Act.
E. At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court shall order the bureau to amend the birth record of the child, if appropriate.
Section 3-310. [NEW MATERIAL] RATIFICATION BARRED.--A court or administrative agency conducting a judicial or administrative proceeding shall not ratify an unchallenged acknowledgment of paternity.
Section 3-311. [NEW MATERIAL] FULL FAITH AND CREDIT--ACKNOWLEDGEMENT OR DENIAL OF PATERNITY.--A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.
Section 3-312. [NEW MATERIAL] FORMS FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY.--
A. The bureau shall prescribe forms for the acknowledgment of paternity and the denial of paternity.
B. A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form.
Section 3-313. [NEW MATERIAL] RELEASE OF INFORMATION.--The bureau may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts and to other agencies as permitted pursuant to the provisions of Chapter 24, Article 14 NMSA 1978.
Section 3-314. [NEW MATERIAL] ADOPTION OF RULES.--The bureau may adopt and promulgate rules and forms to implement the provisions of this article.
ARTICLE 4
REGISTRY OF PATERNITY
Section 4-401. [NEW MATERIAL] ESTABLISHMENT OF REGISTRY.--The putative father registry established pursuant to the provisions of Section 32A-5-20 NMSA 1978 is also the registry of paternity established pursuant to the New Mexico Uniform Parentage Act.
ARTICLE 5
GENETIC TESTING
Section 5-501. [NEW MATERIAL] SCOPE OF ARTICLE.--This article governs genetic testing of a person to determine parentage, whether the person:
A. voluntarily submits to testing; or
B. is tested pursuant to an order of the district court or a support-enforcement agency.
Section 5-502. [NEW MATERIAL] ORDER FOR TESTING.--
A. Except as otherwise provided in this article and Article 6 of the New Mexico Uniform Parentage Act, the district court shall order the child and other designated persons to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:
(1) alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the persons; or
(2) denying paternity and stating facts establishing a possibility that sexual contact between the persons, if any, did not result in the conception of the child.
B. A support-enforcement agency may order genetic testing only if there is no presumed, acknowledged or adjudicated father.
C. If a request for genetic testing of a child is made before birth, the district court or support-enforcement agency shall not order in-utero testing.
D. If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
Section 5-503. [NEW MATERIAL] REQUIREMENTS FOR GENETIC TESTING.--
A. Genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:
(1) the American association of blood banks or a successor to its functions;
(2) the American society for histocompatibility and immunogenetics or a successor to its functions; or
(3) an accrediting body designated by the federal secretary of health and human services.
B. A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each person undergoing genetic testing.
C. Based on the ethnic or racial group of a person, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory's choice, the following rules apply:
(1) the person objecting may require the testing laboratory, within thirty days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory;
(2) the person objecting to the testing laboratory's initial choice shall:
(a) if the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or
(b) engage another testing laboratory to perform the calculations; and
(3) the testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.
D. If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child pursuant to Section 5-505 of the New Mexico Uniform Parentage Act, a person who has been tested may be required to submit to additional genetic testing.
Section 5-504. [NEW MATERIAL] REPORT OF GENETIC TESTING.--
A. A report of genetic testing shall be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made pursuant to the requirements of this article is self-authenticating.
B. Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
(1) the names and photographs of the persons whose specimens have been taken;
(2) the names of the persons who collected the specimens;
(3) the places and dates the specimens were collected;
(4) the names of the persons who received the specimens in the testing laboratory;
(5) the dates the specimens were received; and
(6) the accreditation of the testing facility showing that it meets the requirements of Section 5-503 of the New Mexico Uniform Parentage Act.
Section 5-505. [NEW MATERIAL] GENETIC TESTING RESULTS--REBUTTAL.--
A. Pursuant to the New Mexico Uniform Parentage Act, a man is rebuttably identified as the father of a child if the genetic testing complies with this article and the results disclose that:
(1) the man has at least a ninety-nine percent probability of paternity, using a prior probability of zero point five zero, as calculated by using the combined paternity index obtained in the testing; and
(2) a combined paternity index of at least one hundred to one.
B. A man identified pursuant to Subsection A of this section as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this article that:
(1) excludes the man as a genetic father of the child; or
(2) identifies another man as the possible father of the child.
C. Except as otherwise provided in Section 5-510 of the New Mexico Uniform Parentage Act, if more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father.
Section 5-506. [NEW MATERIAL] COSTS OF GENETIC TESTING.--
A. Subject to assessment of costs pursuant to Article 6 of the New Mexico Uniform Parentage Act, the cost of initial genetic testing shall be advanced:
(1) by a support-enforcement agency in a proceeding in which the support-enforcement agency is providing services;
(2) by the person who made the request;
(3) as agreed by the parties; or
(4) as ordered by the district court.
B. In cases in which the cost is advanced by the support-enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.
Section 5-507. [NEW MATERIAL] ADDITIONAL GENETIC TESTING.--Prior to a final adjudication, the district court or the support-enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child pursuant to Section 5-505 of the New Mexico Uniform Parentage Act, the court or agency shall not order additional testing unless the party provides advance payment for the testing.
Section 5-508. [NEW MATERIAL] GENETIC TESTING WHEN SPECIMENS NOT AVAILABLE.--
A. Subject to Subsection B of this section, if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following persons to submit specimens for genetic testing:
(1) the parents of the man;
(2) brothers and sisters of the man;
(3) other children of the man and their mothers; and
(4) other relatives of the man necessary to complete genetic testing.
B. Issuance of an order pursuant to this section requires a finding that a need for genetic testing outweighs the legitimate interests of the person sought to be tested.
Section 5-509. [NEW MATERIAL] DECEASED PERSON.--For good cause shown, the district court may order genetic testing of a deceased person.
Section 5-510. [NEW MATERIAL] IDENTICAL BROTHERS.--
A. The district court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.
B. If each brother satisfies the requirements as the identified father of the child pursuant to Section 5-505 of the New Mexico Uniform Parentage Act without consideration of another identical brother being identified as the father of the child, the district court may rely on nongenetic evidence to adjudicate which brother is the father of the child.
Section 5-511. [NEW MATERIAL] CONFIDENTIALITY OF GENETIC TESTING.--
A. Release of the report of genetic testing for parentage is controlled by Section 24-14-27 NMSA 1978.
B. A person who intentionally releases an identifiable specimen of another person for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the person who furnished the specimen is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
ARTICLE 6
PROCEEDING TO ADJUDICATE PARENTAGE
PART 1 - NATURE OF PROCEEDING
Section 6-601. [NEW MATERIAL] PROCEEDING AUTHORIZED.--A civil proceeding may be maintained in the district court to adjudicate the parentage of a child. The proceeding is governed by the Rules of Civil Procedure for the District Courts. The mother of the child and an alleged father or presumed father are competent to testify. Any witness may be compelled to testify.
Section 6-602. [NEW MATERIAL] STANDING TO MAINTAIN PROCEEDING.--Subject to Article 3 and Sections 6-607 and 6-609 of the New Mexico Uniform Parentage Act, a proceeding to adjudicate parentage may be maintained by:
A. the child;
B. the mother of the child;
C. a man whose paternity of the child is to be adjudicated;
D. the support-enforcement agency;
E. an authorized adoption agency or licensed child-placing agency; or
F. a representative authorized by law to act for a person who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated or a minor.
Section 6-603. [NEW MATERIAL] PARTIES TO PROCEEDING.--The following persons shall be joined as parties in a proceeding to adjudicate parentage:
A. the mother of the child; and
B. a man whose paternity of the child is to be adjudicated.
Section 6-604. [NEW MATERIAL] PERSONAL JURISDICTION.--
A. A person shall not be adjudicated to be a parent unless the district court has personal jurisdiction over the person.
B. A district court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident person, or the guardian or conservator of the person, if the conditions prescribed in Section 40-6A-201 NMSA 1978 are fulfilled.
C. Lack of jurisdiction over one person does not preclude the district court from making an adjudication of parentage binding on another person over whom the district court has personal jurisdiction.
Section 6-605. [NEW MATERIAL] VENUE.--Venue for a proceeding to adjudicate parentage is in the county of this state in which:
A. the child resides or is found;
B. the respondent resides or is found if the child does not reside in this state; or
C. a proceeding for probate or administration of the presumed, acknowledged or alleged father's estate is pending.
Section 6-606. [NEW MATERIAL] NO LIMITATION--CHILD HAVING NO PRESUMED, ACKNOWLEDGED OR ADJUDICATED FATHER.--
A. A proceeding to adjudicate the parentage of a child having no presumed, acknowledged or adjudicated father may be commenced by the child at any time, even after:
(1) the child becomes an adult; or
(2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.
B. A proceeding to adjudicate child support pursuant to Subsection A of this section is limited by Sections 6-607 and 6-636 of the New Mexico Uniform Parentage Act.
Section 6-607. [NEW MATERIAL] LIMITATION--GENERAL.--
A. Any proceeding to adjudicate child support shall be brought not later than three years after the child has reached the age of majority.
B. Except as otherwise specifically provided in another provision of the New Mexico Uniform Parentage Act, any proceeding to adjudicate the parentage of a child shall be commenced not later than three years after the child has reached the age of majority.
Section 6-608. [NEW MATERIAL] AUTHORITY TO DENY MOTION FOR GENETIC TESTING.--
A. In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the district court may deny a motion seeking an order for genetic testing of the mother, the child and the presumed or acknowledged father if the district court determines that:
(1) the conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and
(2) it would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father.
B. In determining whether to deny a motion seeking an order for genetic testing pursuant to this section, the district court shall consider the best interest of the child, including the following factors:
(1) the length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;
(2) the length of time during which the presumed or acknowledged father has assumed the role of father of the child;
(3) the facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity;
(4) the nature of the relationship between the child and the presumed or acknowledged father;
(5) the age of the child;
(6) the harm that may result to the child if presumed or acknowledged paternity is successfully disproved;
(7) the nature of the relationship between the child and any alleged father;
(8) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and
(9) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.
C. In a proceeding involving the application of this section, a minor or incapacitated child shall be represented by a guardian ad litem.
D. Denial of a motion seeking an order for genetic testing shall be based on clear and convincing evidence.
E. If the district court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed or acknowledged father to be the father of the child.
Section 6-609. [NEW MATERIAL] LIMITATION--CHILD HAVING ACKNOWLEDGED OR ADJUDICATED FATHER.--
A. If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed pursuant to Section 3-307 or 3-308 of the New Mexico Uniform Parentage Act.
B. If a child has an acknowledged father or an adjudicated father, a person, other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child shall commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication.
C. A proceeding pursuant to this section is subject to the application of the principles of estoppel established in Section 6-608 of the New Mexico Uniform Parentage Act.
Section 6-610. [NEW MATERIAL] JOINDER OF PROCEEDINGS.--
A. Except as otherwise provided in Subsection B of this section, a proceeding to adjudicate parentage may be joined with a proceeding in the district court for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation or separate maintenance, probate or administration of an estate or other appropriate proceeding.
B. A respondent shall not join a proceeding described in Subsection A of this section with a proceeding to adjudicate parentage brought pursuant to the Uniform Interstate Family Support Act.
Section 6-611. [NEW MATERIAL] PROCEEDING BEFORE BIRTH.--A proceeding to determine parentage may be commenced before the birth of the child, but shall not be concluded until after the birth of the child. The following actions may be taken before the birth of the child:
A. service of process;
B. discovery; and
C. except as prohibited by Section 5-502 of the New Mexico Uniform Parentage Act, collection of specimens for genetic testing.
Section 6-612. [NEW MATERIAL] CHILD AS PARTY--REPRESENTATION.--
A. A minor child is a permissible party, but is not a necessary party to a proceeding pursuant to this article.
B. The district court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the district court finds that the interests of the child are not adequately represented.
PART 2 - SPECIAL RULES FOR PROCEEDING TO ADJUDICATE PARENTAGE
Section 6-621. [NEW MATERIAL] ADMISSIBILITY OF RESULTS OF GENETIC TESTING--EXPENSES.--
A. Except as otherwise provided in Subsection C of this section, a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects, in a writing delivered to the adverse party, to the record's admission within fourteen days after its receipt by the objecting party. The objecting party shall cite specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:
(1) voluntarily or pursuant to an order of the district court or a support-enforcement agency; or
(2) before or after the commencement of the proceeding.
B. A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, videoconference, deposition or another method approved by the district court. Unless otherwise ordered by the district court, the party offering the testimony bears the expense for the expert testifying.
C. If a child has a presumed, acknowledged or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:
(1) with the consent of both the mother and the presumed, acknowledged or adjudicated father; or
(2) pursuant to an order of the district court pursuant to Section 5-502 of the New Mexico Uniform Parentage Act.
D. Copies of bills for genetic testing, for child birth and for prenatal and postnatal health care for the mother and child that are furnished to the adverse party not less than ten days before the date of a hearing are admissible to establish:
(1) the amount of the charges billed; and
(2) that the charges were reasonable, necessary and customary.
Section 6-622. [NEW MATERIAL] CONSEQUENCES OF DECLINING GENETIC TESTING.--
A. An order for genetic testing is enforceable by contempt.
B. If a person whose paternity is being determined declines to submit to genetic testing ordered by the district court, the district court for that reason may adjudicate parentage contrary to the position of the person who declines.
C. Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the district court may order the testing of the child and every man whose paternity is being adjudicated.
Section 6-623. [NEW MATERIAL] ADMISSION OF PATERNITY AUTHORIZED.--
A. A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.
B. If the district court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the district court shall issue an order adjudicating the child to be the child of the man admitting paternity.
Section 6-624. [NEW MATERIAL] TEMPORARY ORDER.--
A. In a proceeding pursuant to this article, the district court shall issue a temporary order for support of a child if the order is appropriate and the person ordered to pay support is:
(1) a presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father through genetic testing pursuant to Section 5-505 of the New Mexico Uniform Parentage Act;
(4) an alleged father who has declined to submit to genetic testing;
(5) shown by clear and convincing evidence to be the father of the child; or
(6) the mother of the child.
B. A temporary order may include provisions for custody and visitation as provided by other law of this state. A temporary order of support is subject to Section 6-636 of the New Mexico Uniform Parentage Act.
Section 6-625. [NEW MATERIAL] PRETRIAL PROCEEDINGS.--As soon as practicable after an action to declare the existence or nonexistence of a father-child relationship has been brought, and unless judgment by default has been entered, an informal hearing shall be held. The court may order that the hearing be held before a master. The public shall be barred from the hearing. A record of the proceeding or any portion of the proceeding shall be kept if any party requests or the court so orders. The rules of evidence shall not apply.
Section 6-626. [NEW MATERIAL] PRETRIAL RECOMMENDATIONS.--
A. On the basis of the information produced at the pretrial hearing, the judge, hearing officer or master conducting the hearing shall evaluate the probability of determining the existence or nonexistence of a father-child relationship in a trial. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties. Based upon the evaluation, the judge, hearing officer or master may enter an order for temporary support consistent with the child-support guidelines as provided in Section 40-4-11.1 NMSA 1978.
B. If the parties accept a recommendation made in accordance with Subsection A of this section, judgment shall be entered accordingly.
C. If a party refuses to accept a recommendation made in accordance with Subsection A of this section and genetic testing has not been taken, the court shall require the parties to submit to genetic testing, if practicable. Thereafter, the judge, hearing officer or master shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action shall be set for trial and a party's acceptance or rejection of the recommendation shall be treated as any other offer of settlement with respect to its admissibility as evidence in subsequent proceedings.
D. The child's guardian may accept or refuse to accept a recommendation under this section.
E. The informal hearing may be terminated and the action set for trial if the judge, hearing officer or master conducting the hearing finds it unlikely that all parties would accept a recommendation that the judge, hearing officer or master might make under Subsection A or C of this section.
PART 3 - HEARINGS AND ADJUDICATION
Section 6-631. [NEW MATERIAL] RULES FOR ADJUDICATION OF PATERNITY.--The district court shall apply the following rules to adjudicate the paternity of a child:
A. the paternity of a child having a presumed, acknowledged or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child;
B. unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child pursuant to Section 5-505 of the New Mexico Uniform Parentage Act shall be adjudicated the father of the child;
C. if the district court finds that genetic testing pursuant to Section 5-505 of the New Mexico Uniform Parentage Act neither identifies nor excludes a man as the father of a child, the district court shall not dismiss the proceeding. In that event, the results of genetic testing and other evidence are admissible to adjudicate the issue of paternity; and
D. unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing shall be adjudicated not to be the father of the child.
Section 6-632. [NEW MATERIAL] JURY PROHIBITED.--The district court, without a jury, shall adjudicate paternity of a child.
Section 6-633. [NEW MATERIAL] HEARINGS--INSPECTION OF RECORDS.--
A. On request of a party and for good cause shown, the district court may close a proceeding to the public and except for a final order, may declare the proceeding to be confidential and seal the file.
B. A final order in a proceeding pursuant to this article is available for public inspection. Other papers and records are available only with the consent of the parties or on order of the district court for good cause.
C. The provisions of this section are subject to any rules established by the supreme court of New Mexico.
Section 6-634. [NEW MATERIAL] ORDER ON DEFAULT.--The district court shall issue an order adjudicating the paternity of a man who:
A. after service of process, is in default; and
B. is found by the district court to be the father of a child.
Section 6-635. [NEW MATERIAL] DISMISSAL FOR WANT OF PROSECUTION.--The district court may issue an order dismissing a proceeding commenced pursuant to the New Mexico Uniform Parentage Act for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
Section 6-636. [NEW MATERIAL] ORDER ADJUDICATING PARENTAGE.--
A. The district court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
B. An order adjudicating parentage shall identify the child by name and date of birth.
C. Except as otherwise provided in Subsection D of this section, the district court may assess filing fees, reasonable fees of counsel, experts and the child's guardian ad litem, fees for genetic testing, other costs, necessary travel and other reasonable expenses incurred in a proceeding pursuant to this article. The district court may award attorney fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name. The district court may order these fees, costs and expenses to be paid by any party in proportions and at times as determined by the court, but not exceeding twelve years unless there is a substantial showing that paternity could not have been established and an action for child support could not have been brought within twelve years of the child's birth. The court may order the proportion of any indigent party to be paid from court funds.
D. The district court shall not assess fees, costs or expenses against the support-enforcement agency of this state or another state, except as provided by other law.
E. On request of a party and for good cause shown, the district court may order that the name of the child be changed.
F. If the order of the district court is at variance with the child's birth certificate, the district court shall order the bureau to issue an amended birth registration.
G. The judgment or order may contain any other provision directed against or on behalf of the appropriate party to the proceeding concerning the duty of past and future support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment or any other matter within the jurisdiction of the court. The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy, birth and confinement. The court shall order child support retroactive to the date of the child's birth, but not to exceed twelve years unless there is a substantial showing that paternity could not have been established and an action for child support could not have been brought within twelve years of the child's birth pursuant to the provisions of Sections 40-4-11 through 40-4-11.3 NMSA 1978; provided that, in deciding whether or how long to order retroactive support, the court shall consider:
(1) whether the alleged or presumed father has absconded or could not be located; and
(2) whether equitable defenses are applicable.
H. Support judgments or orders ordinarily shall be for periodic payments, which may vary in amount. In the best interest of the child, a lump-sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support; provided, however, nothing in this section shall deprive a state agency of its right to reimbursement from an appropriate party should the child be a past or future recipient of public assistance.
I. In determining the amount to be paid by a parent for support of the child, a court, child support hearing officer or master shall make such determination in accordance with the provisions of the child support guidelines pursuant to Section 40-4-11.1 NMSA 1978.
Section 6-637. [NEW MATERIAL] BINDING EFFECT OF DETERMINATION OF PARENTAGE.--
A. Except as otherwise provided in Subsection B of this section, a determination of parentage is binding on:
(1) all signatories to an acknowledgment or denial of paternity as provided in Article 3 of the New Mexico Uniform Parentage Act; and
(2) all parties to an adjudication by a district court acting under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 NMSA 1978.
B. A child is not bound by a determination of parentage pursuant to the New Mexico Uniform Parentage Act unless:
(1) the determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing;
(2) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown;
(3) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem; or
(4) there was a final order in the proceeding that satisfies the requirements of Paragraph (1), (2) or (3) of Subsection C of this section.
C. In a proceeding to dissolve a marriage, the district court is deemed to have made an adjudication of the parentage of a child if the district court acts under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 NMSA 1978, and the final order:
(1) expressly identifies a child as a "child of the marriage", "issue of the marriage", "child of the parties" or similar words indicating that the husband is the father of the child;
(2) provides for support of the child by the husband unless paternity is specifically disclaimed in the order; or
(3) contains a stipulation or admission that the parties are the parents of the child.
D. Except as otherwise provided in Subsection B of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a party to the earlier proceeding.
E. A party to an adjudication of paternity may challenge the adjudication only pursuant to the laws of New Mexico relating to appeal, vacation of judgments or other judicial review.
Section 6-638. [NEW MATERIAL] FULL FAITH AND CREDIT--DETERMINATION OF PARENTAGE.--A court of this state shall give full faith and credit to a determination of parentage made by a court of another state.
Section 6-639. [NEW MATERIAL] ENFORCEMENT OF JUDGMENT OR ORDER.--
A. If existence of the father-child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under the New Mexico Uniform Parentage Act or under prior law, the obligation of the father may be enforced in the same or other proceedings by any interested party.
B. The court may order support payments to be made to the mother, the clerk of the court or a person, corporation or agency designated to collect or administer such funds for the benefit of the child, upon such terms as the court deems appropriate.
C. Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply.
Section 6-640. [NEW MATERIAL] MODIFICATION OF JUDGMENT OR ORDER.--The court has continuing jurisdiction to modify or revoke a judgment or order for future support.
Section 6-641. [NEW MATERIAL] RIGHT TO COUNSEL--FREE TRANSCRIPT ON APPEAL.--
A. At the pretrial hearing and in further proceedings, any party may be represented by counsel. The court shall appoint counsel for any party who is unable to obtain counsel for financial reasons if, in the court's discretion, appointment of counsel is required in the interest of justice.
B. If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal.
Section 6-642. [NEW MATERIAL] HEARINGS AND RECORDS--CONFIDENTIALITY.--Notwithstanding any other laws concerning public hearings and records, any hearing or trial held under the provisions of the New Mexico Uniform Parentage Act may be held in closed court without admittance of any person other than those necessary to the action or proceeding. The court may order that certain papers and records pertaining to the action or proceeding, whether part of the permanent record of the court or any other file maintained by the state or elsewhere, are subject to inspection only upon consent of the court; provided, however, that nothing in this section shall infringe upon the right of the parties to an action or proceeding to inspect the court record. The provisions of this section are subject to any rules established by the New Mexico supreme court.
Section 6-643. [NEW MATERIAL] BIRTH RECORDS.--
A. Upon order of a court of this state or upon request of a court of another state, the bureau shall prepare a new certificate of birth consistent with the findings of the court and shall substitute the new certificate for the original certificate of birth.
B. The fact that the father-child relationship was declared after the child's birth shall not be ascertainable from the new certificate, but the actual place and date of birth shall be shown.
C. The evidence upon which the new certificate was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only upon order of the court and consent of all interested parties, or in exceptional cases only upon an order of the court for good cause shown.
ARTICLE 7
CHILD OF ASSISTED REPRODUCTION
Section 7-701. [NEW MATERIAL] SCOPE OF ARTICLE.--This article does not apply to the birth of a child conceived by means of sexual intercourse.
Section 7-702. [NEW MATERIAL] PARENTAL STATUS OF DONOR.--A donor, whether of sperm or egg, is not a parent of a child conceived by means of assisted reproduction.
Section 7-703. [NEW MATERIAL] PATERNITY OF CHILD OF ASSISTED REPRODUCTION.--A man who provides sperm for or consents to assisted reproduction by a woman as provided in Section 7-704 of the New Mexico Uniform Parentage Act with the intent to be the parent of her child is a parent of the resulting child.
Section 7-704. [NEW MATERIAL] CONSENT TO ASSISTED REPRODUCTION.--
A. Consent by a woman and a man who intends to be a parent of a child born to the woman by assisted reproduction shall be in a record signed by the woman and the man. This requirement does not apply to a donor.
B. Failure of a man to sign a consent required by Subsection A of this section, before or after birth of the child, does not preclude a finding of paternity if the woman and the man, during the first two years of the child's life, resided together in the same household with the child and openly held out the child as their own.
C. All papers relating to the assisted reproduction, whether part of a court, medical or any other file, are subject to inspection only upon an order of the district court for good cause shown.
Section 7-705. [NEW MATERIAL] LIMITATION ON HUSBAND'S DISPUTE OF PATERNITY.--
A. Except as otherwise provided in Subsection B of this section, the husband of a wife who gives birth to a child by means of assisted reproduction shall not challenge his paternity of the child unless:
(1) within two years after learning of the birth of the child, he commences a proceeding to adjudicate his paternity; and
(2) the district court finds that he did not consent to the assisted reproduction, before or after birth of the child.
B. A proceeding to adjudicate paternity may be maintained at any time if the district court determines that:
(1) the husband did not provide sperm for or, before or after the birth of the child, consent to assisted reproduction by his wife;
(2) the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(3) the husband never openly held out the child as his own.
C. The limitation provided in this section applies to a marriage dissolved or declared invalid after assisted reproduction.
Section 7-706. [NEW MATERIAL] EFFECT OF DISSOLUTION OF MARRIAGE OR WITHDRAWAL OF CONSENT.--
A. If a marriage is dissolved before placement of eggs, sperm or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce the former spouse would be a parent of the child.
B. The consent of a woman or a man to assisted reproduction may be withdrawn by that person in a record at any time before placement of eggs, sperm or embryos. A person who withdraws consent pursuant to this section is not a parent of the resulting child.
Section 7-707. [NEW MATERIAL] PARENTAL STATUS OF DECEASED PERSON.--If a person who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm or embryos, the deceased person is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the deceased person would be a parent of the child.
ARTICLE 8
GESTATIONAL AGREEMENTS
Section 8-801. [NEW MATERIAL] GESTATIONAL AGREEMENTS NOT AUTHORIZED OR PROHIBITED.--
A. The New Mexico Uniform Parentage Act does not authorize or prohibit an agreement between a woman and the intended parents:
(1) in which the woman relinquishes all rights as the parent of a child to be conceived by means of assisted reproduction; and
(2) that provides that the intended parents become the parents of the child.
B. If a birth results pursuant to a gestational agreement pursuant to Subsection A of this section and the agreement is unenforceable under other law of New Mexico, the parent-child relationship shall be determined pursuant to Article 2 of the New Mexico Uniform Parentage Act.
ARTICLE 9
MISCELLANEOUS PROVISIONS
Section 9-901. [NEW MATERIAL] UNIFORMITY OF APPLICATION AND CONSTRUCTION.--In applying and construing the Uniform Parentage Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Section 9-902. [NEW MATERIAL] SEVERABILITY.--If any provision of the New Mexico Uniform Parentage Act or its application to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the New Mexico Uniform Parentage Act that can be given effect without the invalid provision or application, and to this end, the provisions of the New Mexico Uniform Parentage Act are severable.
Section 9-903. [NEW MATERIAL] TRANSITIONAL PROVISION.--A proceeding to adjudicate parentage that was commenced before the effective date of the New Mexico Uniform Parentage Act is governed by the law in effect at the time the proceeding was commenced.
Section 10. Section 24-14-2 NMSA 1978 (being Laws 1961, Chapter 44, Section 2, as amended) is amended to read:
"24-14-2. DEFINITIONS.--As used in the Vital Statistics Act:
A. "vital statistics" means the data derived from certificates and reports of birth, death, spontaneous fetal death and induced abortion and related reports;
B. "system of vital statistics" includes the registration, collection, preservation, amendment and certification of vital records and related activities, including the tabulation, analysis and publication of statistical data derived from these records;
C. "filing" means the presentation of a certificate, report or other record of a birth, death, spontaneous fetal death or adoption for registration by the [vital statistics] bureau;
D. "registration" means the acceptance by the [vital statistics] bureau and the incorporation in its official records of certificates, reports or other records provided for in the Vital Statistics Act of births, deaths, spontaneous fetal deaths, adoptions and legitimations;
E. "live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which after the expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached;
F. "spontaneous fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, [resulting] results in other than a live birth and [which] that is not an induced abortion; and death is indicated by the fact that, after the expulsion or extraction, the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles;
G. "dead body" means a human body, or parts of such body or bones thereof other than skeletal remains [which] that can be classified as artifacts, dead within the meaning of Section 12-2-4 NMSA 1978;
H. "final disposition" means the burial, interment, cremation, entombment, pulverization or other authorized disposition of a dead body or fetus;
I. "department" means the department of health [and environment department];
J. "court" means a court of competent jurisdiction;
K. "state registrar" means the designated employee of the public health [services] division of the [health and environment] department;
L. "vital records" means certificates of birth and death;
M. "induced abortion" means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant;
N. "physician" means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this state; [and]
O. "institution" means any establishment, public or private:
(1) [which] that provides in-patient medical, surgical or diagnostic care or treatment;
(2) [which] that provides nursing, custodial or domiciliary care; or
(3) to which persons are committed by law; and
P. "bureau" means the vital records and health statistics bureau of the public health division of the department."
Section 11. Section 24-14-3 NMSA 1978 (being Laws 1961, Chapter 44, Section 3, as amended) is amended to read:
"24-14-3. VITAL RECORDS AND HEALTH STATISTICS [UNIT] BUREAU--STATE SYSTEM.--There is established in the public health [services] division of the department a "vital records and health statistics bureau" for the purpose of installing, maintaining and operating a system of vital statistics throughout this state and carrying out all regulations relating to vital records and health statistics established by the department."
Section 12. Section 24-14-4 NMSA 1978 (being Laws 1961, Chapter 44, Section 4, as amended) is amended to read:
"24-14-4. STATE REGISTRAR--APPOINTMENT.--The [director] secretary of the department shall appoint the state registrar in accordance with the provisions of the [state] Personnel Act."
Section 13. Section 24-14-5 NMSA 1978 (being Laws 1961, Chapter 44, Section 5, as amended) is amended to read:
"24-14-5. DUTIES OF STATE REGISTRAR.--
A. The state registrar shall:
(1) administer and enforce the Vital Statistics Act and regulations issued pursuant to it and issue instructions for the efficient administration of the [state] system of vital records and health statistics;
(2) direct and supervise the [state] system of vital records and health statistics and be custodian of its records;
(3) direct, supervise and control the activities of all public employees, other than hospital employees, when they are engaged in activities pertaining to the operation of the system of vital records and health statistics [system];
(4) prescribe, with the approval of the department and after consultation with medical records professionals in the state, furnish and distribute such forms as are required by the Vital Statistics Act;
(5) prepare and publish reports of vital records and health statistics of this state and such other reports as may be required by the department;
(6) conduct training programs to promote uniformity of policy and procedures throughout the state; and
(7) provide to local health agencies copies of or data derived from certificates and reports required under the Vital Statistics Act as determined necessary for local health planning and program activities. The copies or data shall remain the property of the [vital statistics] bureau, and the uses [which] that may be made of them shall be prescribed by the state registrar.
B. The state registrar may establish or designate offices in the state to aid in the efficient administration of the system of vital records and health statistics and may delegate such functions and duties vested in [him] the state registrar to employees of the [vital statistics] bureau and to employees of any office of the state or political subdivision designated to aid in administering the Vital Statistics Act."
Section 14. Section 24-14-12 NMSA 1978 (being Laws 1961, Chapter 44, Section 12, as amended) is amended to read:
"24-14-12. FORM AND CONTENTS OF CERTIFICATES AND REPORTS.--
A. In order to promote and maintain uniformity in the system of vital records and health statistics, the forms of certificates, reports and other returns required by the Vital Statistics Act or by regulations adopted pursuant to that act shall include as a minimum the items recommended by the federal agency responsible for national vital records and health statistics, subject to the approval of modifications by the department.
B. Each certificate, report and other document required to be registered under the Vital Statistics Act shall be on a form or in a format prescribed by the state registrar.
C. All vital records shall contain the date received for registration.
D. Information required in certificates or reports required or authorized by the Vital Statistics Act may be filed and registered by photographic, electronic or other means as prescribed by the state registrar; provided that certificates shall be filed and registered by either physical or photographic means."
Section 15. Section 24-14-13 NMSA 1978 (being Laws 1961, Chapter 44, Section 13, as amended) is amended to read:
"24-14-13. BIRTH REGISTRATION.--
A. A certificate of birth for each live birth [which] that occurs in this state shall be filed with the [vital statistics] bureau [of the public health division of the department] or as otherwise directed by the state registrar within ten days after the birth and shall be registered if it has been completed and filed in accordance with this section. When a birth, however, occurs on a moving conveyance, a birth certificate shall be registered in this state and the place where the child is first removed shall be considered the place of birth.
B. When a birth occurs in an institution, the person in charge of the institution or [his] the person's designated representative shall obtain the personal data, prepare the certificate of birth, secure the signatures required and file it as directed in this section. The physician or other person in attendance shall certify the medical information required by the certificate of birth within ten working days after the birth in accordance with policies established by the institution where the birth occurred. The person in charge of the institution or [his] the person's designee shall complete and sign the certificate of birth.
C. When a birth occurs outside an institution, the certificate of birth shall be prepared and filed by one of the following in the indicated order of priority:
(1) the physician in attendance at or immediately after the birth;
(2) any other person in attendance at or immediately after the birth [or in the absence of this person]; or
(3) the father, the mother or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.
D. If the mother was married at the time of either conception or birth, the name of the husband shall be entered on the certificate of birth as the father of the child, unless paternity has been determined pursuant to Subsection F or G of this section or by a court, in which case the name of the father as determined pursuant to Subsection F or G of this section or by the court shall be entered.
E. If the mother was not married at the time of either conception or birth, but the mother and father [has] have signed under penalty of perjury an acknowledgment of paternity [as] on a form provided by [this section] the bureau pursuant to the New Mexico Uniform Parentage Act, the father's name, date of birth and social security number shall be entered on the [acknowledgement] acknowledgment of paternity. The name of the father shall not be entered on the certificate of birth without [the written consent of] such a written acknowledgment of paternity signed under penalty of perjury by the mother and the person to be named as the father, unless a determination of paternity has been made by a court, in which case the name of the father as determined by the court shall be entered.
F. At or before the birth of a child to an unmarried woman, the person in charge of the institution, a designated representative, the attending physician or midwife shall:
(1) provide an opportunity for the child's mother and [natural] father to [complete] sign under penalty of perjury an [acknowledgement] acknowledgment of paternity on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act. The completed [affidavit] acknowledgment of paternity shall be filed with the [vital statistics] bureau [of the public health division of the department]. The [acknowledgement] acknowledgment shall contain or have attached to it:
(a) a [sworn] statement by the mother consenting to the assertion of paternity;
(b) a [sworn] statement by the father that he is the [natural] father of the child;
(c) written information, furnished by the human services department, explaining the implications of signing, including legal parental rights and responsibilities; and
(d) the social security numbers of both parents; and
(2) provide written information, furnished by the human services department, to the mother and father [or putative father], regarding the benefits of having the child's paternity established and of the availability of paternity establishment services and child support enforcement services.
G. If a married mother claims that her husband is not the father of the child, the husband [agrees that he is not the father] signs under penalty of perjury a denial of paternity on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act and the [putative father] non-husband agrees that he is the father, an [acknowledgement] acknowledgment of paternity may be signed under penalty of perjury by the [respective parties and duly notarized] mother and the non-husband. Upon filing [this affidavit] the acknowledgment of paternity and the denial of paternity with the [state registrar] bureau, the name of the non-husband shall be entered on the certificate of birth as the father.
H. Pursuant to an interagency agreement for proper reimbursement, the [vital statistics] bureau [of the public health division of the department] shall make available to the human services department the birth certificate, the mother's and father's social security numbers and paternity [acknowledgements] acknowledgments. The human services department shall use these records only in conjunction with its duties as the state IV-D agency responsible for the child support program under Title IV-D of the federal Social Security Act.
I. Each party shall be provided with copies of any acknowledgment of paternity and any related denial of paternity.
J. The forms of acknowledgment of paternity and denial of paternity furnished by the bureau shall comply with the requirements of the New Mexico Uniform Parentage Act."
Section 16. Section 24-14-16 NMSA 1978 (being Laws 1961, Chapter 44, Section 16, as amended) is amended to read:
"24-14-16. JUDICIAL PROCEDURE TO ESTABLISH FACTS OF BIRTH.--
A. If a delayed certificate of birth is rejected under the provisions of Section 24-14-15 NMSA 1978, a petition may be filed with a court for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
B. The petition shall allege that:
(1) the person for whom a delayed certificate of birth is sought was born in this state;
(2) no record of birth of the person can be found in the [vital statistics] bureau;
(3) diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Section 24-14-15 NMSA 1978;
(4) the state registrar has refused to register a delayed certificate of birth; and
(5) any other allegations as may be required.
C. The petition shall be accompanied by a statement of the registration official made in accordance with Section 24-14-15 NMSA 1978 and all documentary evidence [which] that was submitted to the registration official in support of the registration. The petition shall be sworn to by the petitioner.
D. The court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioner's delayed certificate of birth ten days' notice of the hearing. The official or [his] the official's authorized representative may appear and testify in the proceeding.
E. If the court finds from the evidence presented [finds] that the person for whom a delayed certificate of birth is sought was born in this state, it shall make findings as to the place and date of birth, parentage and other findings as the case may require and shall issue an order to establish a record of birth. This order shall include the birth data to be registered, a description of the evidence presented in the manner prescribed by Section 24-14-15 NMSA 1978 and the date of the court's action.
F. The court shall determine the parent-child relationship of the mother and father pursuant to the New Mexico Uniform Parentage Act.
[F.] G. The clerk of the court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the record of birth from which copies may be issued in accordance with Sections 24-14-28 and 24-14-29 NMSA 1978."
Section 17. Section 24-14-25 NMSA 1978 (being Laws 1961, Chapter 44, Section 23, as amended) is amended to read:
"24-14-25. CORRECTION AND AMENDMENT OF VITAL RECORDS.--
A. A certificate or report registered under the Vital Statistics Act may be amended only in accordance with that act and regulations [thereunder] adopted by the department pursuant to that act to protect the integrity and accuracy of vital records and health statistics [records].
B. Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of the person or [his] the person's parent, guardian or legal representative, the state registrar shall amend the original certificate of birth to reflect the new name.
C. Upon request and receipt of [a sworn] an acknowledgement of paternity signed under penalty of perjury by both parents of a child born [out of wedlock signed by both parents] to an unmarried mother or, in the case of a married mother, [as provided for in Subsection F of Section 24-14-13 NMSA 1978] upon receipt of an acknowledgment of paternity signed under penalty of perjury by the mother and the non-husband and of a denial of paternity signed under penalty of perjury by the husband, the state registrar shall amend a certificate of birth to show the paternity if paternity is not shown on the birth certificate. The certificate of birth shall not be marked "amended".
D. Upon receipt of a [duly notarized] statement [from] signed under penalty of perjury by the person in charge of an institution or from the attending physician indicating that the sex of an individual born in this state has been changed by surgical procedure, together with a certified copy of an order changing the name of the person, the certificate of birth of the individual shall be amended as prescribed by regulation.
E. When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's [sworn] statements or statements made under penalty of perjury or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital records and shall advise the applicant of the reason for this action.
F. A certificate or report that is amended under this section shall be marked "amended", except as otherwise provided in Subsection C of this section. The date of the amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The department shall prescribe by regulation the conditions under which additions or minor corrections may be made to certificates or records within one year after the date of the event without the certificate or record being marked "amended"."
Section 18. Section 32A-5-20 NMSA 1978 (being Laws 1993, Chapter 77, Section 147) is amended to read:
"32A-5-20. PUTATIVE FATHER REGISTRY--NOTICE--PENALTY.--
A. The purpose of the putative father registry is to protect the parental rights of fathers who affirmatively assume responsibility for children they may have fathered and to expedite adoptions of children whose biological fathers are unwilling to assume responsibility for their children by registering with the putative father registry or otherwise acknowledging their children. The registry does not relieve the obligation of mothers to identify known fathers.
B. A putative father registry shall be established by the department of health to record the names and addresses of:
(1) any person adjudicated by a court of this state to be the father of a child;
(2) any person who has filed with the registry, before or after birth of a child out of wedlock, a notice of intent to claim paternity of the child;
(3) any person who has filed with the registry an instrument acknowledging paternity; or
(4) any person adjudicated by a court of another state or territory of the United States to be the father of an out-of-wedlock child, when a certified copy of the court order has been filed with the registry.
C. A person filing a notice of intent to claim paternity of a child or an acknowledgment of paternity shall include in the notice the following:
(1) his name;
(2) his current address;
(3) the mother's name and any other identifying information requested by the department of health; and
(4) the child's name, if known, and any other identifying information requested by the department of health.
D. If the person filing the notice of intent to claim paternity of a child or acknowledgment changes his address, the person shall notify the department of health of his new address in the manner prescribed by the department of health.
E. A person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed. Upon receipt by the registry of the notice of revocation, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.
F. No registration fee shall be charged for registering the intent to claim paternity of a child or acknowledgment of paternity. The department of health may charge a reasonable fee as prescribed by regulation for processing searches of the putative father registry.
G. An unrevoked notice of intent to claim paternity of a child may be introduced in evidence by any party in any proceeding in which that fact may be relevant.
[H. The department of health shall, upon request, provide the names and addresses of persons listed with the registry to any court, the department, an agency, the petitioner's attorney or the mother of the child. The information shall not be divulged to any other person, except upon order of the court for good cause shown. If the registry has not received a notice of intent to claim paternity or an acknowledgment of paternity, the department of health shall provide a written statement to that effect to the person making the inquiry. The person making inquiry shall provide a self-addressed, stamped envelope to the department of health for the department's response to the inquiry.]
H. If a father-child relationship has not been established pursuant to the New Mexico Uniform Parentage Act, a petitioner for adoption of or termination of parental rights regarding a child shall obtain a certificate of search of the putative father registry.
I. If a petitioner for adoption of or termination of parental rights regarding a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner shall also obtain a certificate of search from the putative father registry, if any, in that state.
J. The department of health shall furnish to the requester a certificate of search of the registry on request of any court, a state agency, the department, the petitioner's attorney or the mother of the child. The information shall not be disclosed to any other person, except upon order of the court for good cause shown. The requester shall furnish the department with a stamped, self-addressed reply envelope.
K. A certificate provided by the department of health shall be signed on behalf of the department of health and state that:
(1) a search has been made of the registry; and
(2) a registration containing the information required to identify the registrant:
(a) has been found and is attached to the certificate of search; or
(b) has not been found.
L. A petitioner shall file the certificate of search with the district court before a proceeding for adoption of or termination of parental rights regarding a child may be concluded.
M. Subject to any rules established by the New Mexico supreme court, a certificate of search of the registry of paternity in this or another state is admissible in a proceeding for adoption of or termination of parental rights regarding a child and, if relevant, in other legal proceedings.
[I.] N. The department of health may promulgate any regulations or forms necessary to implement the provisions of this section.
[J.] O. Any person who intentionally and unlawfully releases information from the putative father registry to the public or makes any other unlawful use of the information in violation of the provisions of this section is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."
Section 19. REPEAL.--Sections 40-11-1 through 40-11-23 NMSA 1978 (being Laws 1986, Chapter 47, Sections 1 through 23, as amended) are repealed.
Section 20. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2010.
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