New Mexico § 40-11A-204 Presumption of paternity

New Mexico Statutes

§ 40-11A-204 — Presumption of paternity

New Mexico § 40-11A-204

Ch. 40Domestic Affairs

Art. 2PARENT-CHILD RELATIONSHIP

This text of New Mexico § 40-11A-204 (Presumption of paternity) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 40-11A-204 (2026).

Text

A. A man is presumed to be the father of a child if:

(1)he and the mother of the child are married to each other and the child is born during the marriage;

(2)he and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity or divorce or after a decree of separation;

(3)before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, declaration of invalidity or divorce or after a decree of separation;

(4)after the birth of the child, h

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A. A man is presumed to be the father of a child if: (1) he and the mother of the child are married to each other and the child is born during the marriage; (2) he and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity or divorce or after a decree of separation; (3) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, declaration of invalidity or divorce or after a decree of separation; (4) after the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and: (a) the assertion is in an acknowledgement of paternity on a form provided by the bureau that is filed with the bureau; (b) he agreed to be and is named as the child's father on the child's birth certificate; or (c) he promised in a record to support the child as his own; or (5) for the first two years of the child's life, he resided in the same household with the child and openly held out the child as his own. B. A presumption of paternity established pursuant to this section may be rebutted only by an adjudication pursuant to Article 6 of the New Mexico Uniform Parentage Act. Rebuttal of a presumption of paternity pursuant to the New Mexico Uniform Parentage Act does not apply to a presumption of paternity established pursuant to the Adoption Act [Chapter 32A, Article 5 NMSA 1978].