New Mexico § 40-11A-637 Binding effect of determination of parentage

New Mexico Statutes

§ 40-11A-637 — Binding effect of determination of parentage

New Mexico § 40-11A-637

Ch. 40Domestic Affairs

Art. 6PROCEEDING TO ADJUDICATE PARENTAGE

This text of New Mexico § 40-11A-637 (Binding effect of determination of parentage) 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-637 (2026).

Text

A. Except as otherwise provided in Subsection B of this section, a determination of parentage is binding on:

(1)all signatories to an acknowledgment or denial of paternity as provided in Article 3 of the New Mexico Uniform Parentage Act; and (2) all parties to an adjudication by a district court acting under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 NMSA 1978. B. A child is not bound by a determination of parentage pursuant to the New Mexico Uniform Parentage Act unless:

(1)the determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing;

(2)the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declar

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A. Except as otherwise provided in Subsection B of this section, a determination of parentage is binding on: (1) all signatories to an acknowledgment or denial of paternity as provided in Article 3 of the New Mexico Uniform Parentage Act; and (2) all parties to an adjudication by a district court acting under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 NMSA 1978. B. A child is not bound by a determination of parentage pursuant to the New Mexico Uniform Parentage Act unless: (1) the determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing; (2) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; (3) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem; or (4) there was a final order in the proceeding that satisfies the requirements of Paragraph (1), (2) or (3) of Subsection C of this section. C. In a proceeding to dissolve a marriage, the district court is deemed to have made an adjudication of the parentage of a child if the district court acts under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 NMSA 1978, and the final order: (1) expressly identifies a child as a "child of the marriage", "issue of the marriage", "child of the parties" or similar words indicating that the husband is the father of the child; (2) provides for support of the child by the husband unless paternity is specifically disclaimed in the order; or (3) contains a stipulation or admission that the parties are the parents of the child. D. Except as otherwise provided in Subsection B of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a party to the earlier proceeding. E. A party to an adjudication of paternity may challenge the adjudication only pursuant to the laws of New Mexico relating to appeal, vacation of judgments or other judicial review.