A. Any person responding to a notice of a petition for adoption shall file a verified response to the petition within the time limits specified in Section 32A-5-25 NMSA 1978. B. The verified response shall follow the Rules of Civil Procedure for the District Courts and shall allege: (1) the existence of any court orders known to the respondent that regulate custody, visitation or access to the adoptee but have not been filed with the court at the time the response is filed and copies of which shall be attached to the response; (2) the relationship, if any, of the respondent to the adoptee; (3) whether the adoptee is an Indian child; (4) whether the adoption is subject to the Interstate Compact on the Placement of Children [32A-11-1 NMSA 1978]; and (5) whether the adoption is an open adoption. History: 1978 Comp., § 32A-5-28, enacted by Laws 1993, ch. 77, § 155; 2022, ch. 41, § 66. Cross references. — For Rules of Civil Procedure for the District Courts, see 1-001 NMRA. For the federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901. The 2022 amendment, effective July 1, 2022, removed a provision related to Indian children which is now covered by the Indian Family Protection Act; and in Subsection B, Paragraph B(3), after "Indian child", deleted "and, if so, the response shall set forth all allegations required under the federal Indian Child Welfare Act of 1978". Applicability. — Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022, ch. 41 apply to all cases filed on or after July 1, 2022.
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