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paternity by the man pursuant to Article 3 of the New Mexico Uniform Parentage Act, unless the acknowledgment has been rescinded or successfully challenged; (3) an adjudication of the man's paternity; (4) adoption of the child by the man; or (5) the man's having consented to assisted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. History: Laws 2009, ch. 215, § 2-201. Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010. Cross references. — For provisions relating to the determination of paternity when death occurs during proceedings for dissolution of marriage, separation, annulment of marriage or paternity, see 40-4-20 NMSA 1978. For provisions relating to the establishment of a parent-child relationship for purposes of intestate succession, see 45-2-115 through 45-2-122 NMSA 1978 of the Uniform Probate Code. Evidence establishing consent to assisted reproduction. — Where, in divorce proceedings, petitioner challenged respondent's standing to adjudicate parentage under the New Mexico Uniform Parentage Act (NMUPA), §§ 40-11A-101 to -903 NMSA 1978, because respondent was not biologically or genetically related to the children, and where petitioner also argued that respondent did not consent to petitioner's insemination procedure as required to establish parentage under the NMUPA's assisted reproduction provisions, the district court erred in ruling that respondent did not consent to assisted reproduction on the grounds that she failed to produce a signed record indicating that she consented to the specific assisted reproduction procedure that resulted in the birth of the children. Respondent signed numerous documents indicating her consent to previous insemination procedures, and the NMUPA does not prevent consideration of any documents signed by the parties before they conceive via assisted reproduction, so long as those documents manifest their intent to be a parent of the resulting child, and the NMUPA also indicates that consent, once given, can remain effective until it is withdrawn. Soon v. Kammann , 2022-NMCA-066, cert. granted. Am. Jur. 2d, A.L.R. and C.J.S. references. — Parental rights of man who is not biological or adoptive father of child but was husband or cohabitant of mother when child was conceived or born, 84 A.L.R.4th 655.
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