Section 40-14-5 - Who may be adopted; who may adopt. - New Mexico Statutes

40-14-5. Who may be adopted; who may adopt.

A.     Any adult may be adopted.   

B.     Residents who are one of the following may adopt:   

(1)     any adult who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adult Adoption Act [40-14-1 NMSA 1978]; or   

(2)     a married adult, without the spouse of the married adult joining in the adoption if:   

(a)     the non-joining spouse is a parent of the adoptee;   

(b)     the adult who is adopting and the non-joining spouse are legally separated; or   

(c)     the failure of the non-joining spouse to join in the adoption is excused for reasonable circumstances as determined by the court.