Section 40-14-9 - Notice of petition; service; waiver. - New Mexico Statutes

40-14-9. Notice of petition; service; waiver.

A.     A copy of the petition for adoption shall be served by the petitioner on the following individuals, unless receipt of a copy of the petition has been previously waived in writing:   

(1)     the adoptee;   

(2)     the parents of the adoptee;   

(3)     the legally appointed conservator or guardian of the adoptee;   

(4)     the spouse of any petitioner who has not joined in the petition;   

(5)     the spouse of the adoptee;   

(6)     the surviving parent of a deceased parent of the adoptee; and   

(7)     any other person designated by the court.   

B.     The notice shall state that the person served shall respond to the petition within twenty days if the person intends to contest the adoption and shall also state that failure to respond in a timely manner will be treated as a default.   

C.     Provision of notice for the adoptee and the legally appointed conservator or guardian of the adoptee shall be made pursuant to the Rules of Civil Procedure for the District Courts.   

D.     As to any other person for whom notice is required under Subsection A of this section, service by certified mail, return receipt requested, is sufficient. If the service cannot be completed after two attempts, the court shall issue an order providing for service by publication.   

E.     The notice required by this section may be waived in writing by the person entitled to notice.   

F.     Proof of service of the notice on all persons for whom notice is required shall be filed with the court prior to any hearing that affects the rights of those persons.