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. History: Laws 2009, ch. 215, § 6-604. Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010. Party's concession to not being a genetic or biological parent did not rebut the presumption of parentage. — The Uniform Parentage Act (UPA), 40-11A-101 to 40-11A-903 NMSA 1978, provides a presumption of parentage for a person married to the mother of a child if the child is born during the marriage, which can be rebutted by the results of genetic testing, but the UPA explicitly provides that genetic testing is not admissible to adjudicate parentage unless the genetic testing is performed with the consent of both the mother and the presumed, acknowledged or adjudicated parent or pursuant to an order of the district court, and in this case, there was no mutual consent to genetic testing and no district court order to conduct genetic tests, and neither party offered genetic test results, and therefore the district court erred in determining that the presumption of parentage was rebutted when respondent conceded to not being a genetic or biological parent of the children in this case. Moreover, the district court, by circumventing the procedure established in the UPA regarding genetic testing, impermissibly failed to consider the best interest of the child. Soon v. Kammann , 2024-NMSC-018 aff'g 2022-NMCA-066, 521 P.3d 110.
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