Legal Question in Family Law in New Mexico

Re: Adoption of a stepchild when biological father is unknown.

There are some matters that a person can perform on their own, or (in legal lingo) Pro Se. Adoption is probably not one of them. Inasmuch as I believe legal services should be affordable and accessible to the average working person Adoption is not one of those types of services. You need a Family Law Attorney. However, let me give you an overview of the process. If you have follow up questions I can answer them about the process but seriously, hire a lawyer for this one.

The New Mexico Statutes Annotated (NMSA) adoption law for children is in the section called Adoptions, 32A-5-1 through 32A-5-45. You can probably find this statue online or at your public library. (If you don't believe me about the get an attorney bit - read the statute and then you'll understand). However, the process for adoption with a step parent is (a) at least one year of marriage; (b) there will be counseling for both mom and dad (cost is somewhere around $500 and up) and then (c) because you say natural dad is not know you'll have to do a publication of the adoption (not too expensive) and (d) you'll have to have a criminal background check (maybe the adopting person only - cost is about $50.00) and then (e) the final court hearing. The lawyer fees vary because not all lawyers charge the same and some who charge more are sometimes more efficient than those who charge less - so, it's possible you can hire a high priced lawyer who can do the adoption for less than a more lower priced lawyer. The rule here is simply to interview several lawyers before you hire one.

I do not know of any "pro se" forms or organizations that will or can help someone do this on their own. You can look back at my answers to other law guru questions and I lay out in many of those answers how to find a lawyer. This is a matter that can be accomplished without a lot of trouble but if you tried to do it on your own you would become very very frustrated with the process. A lawyer can make it seem smooth and also make it the enjoyable process it should be. Be sure to bring a camera to your final hearing because the judges love to (a) make new families and (b) just like a birth you want to have some photographs to remember the moment.

Hope this helps. Good luck.