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NEW MEXICO STATUTES AND CODES

Section 45-2-114 - Parent and child relationship.

45-2-114. Parent and child relationship.

A.     Except as provided in Subsections B and C of this section, for purposes of intestate succession by, through or from a person, an individual is the child of his natural parents, regardless of their marital status.  The parent and child relationship may be established under the Uniform Parentage Act [40-11-1 NMSA 1978].

B.     An adopted individual is the child of his adopting parent or parents and not of his natural parents, but adoption of a child by the spouse of either natural parent has no effect on:

(1)     the relationship between the child and that natural parent; or

(2)     the right of the child or a descendant of the child to inherit from or through that nonsevered natural parent.

C.     Inheritance from or through a child by either natural parent or his kindred is precluded unless that natural parent has openly treated the child as his and has not refused to support the child.

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