Legal Question in Family Law in New Mexico
adoption/name change
It appears my husband's son may have been fraudulently adoptedby a stepparent, or at least has certainly had his name changed-, either without consent of my husband(father) in Albuquerque.Parental rights were never severed. Child and mom went missing, in a sense. When found, father attempted to give child support that he'd accrued for 13 years,while child was unreachable, but it was refused . Attempts to locate them failed, even though they knew of our address. Have just recently found change of name in NM court (in1995), but that is all. Child is now 28 yrs. old. Father has been looking especially hard since death of child's grandparents, because they set aside some things for lost grandson. Please advise of first step. Should I notify courts of possible fraud? How could this be done without upsetting the son? The son is certainly not responsible for any(il)legal action that may have How would we find out if there was an adoption, since only attys of record are allowed that info in NM. We are in another state.
1 Answer from Attorneys
Re: adoption/name change
Name changes and adoptions are carefully regulated by the courts. A name change for a child 14 and up requires only notice by publication.
Contact with adoptees after they're 18 is mediated by the courts. If you can find what court the adoption occurred in you can ask the clerk to see the records, if the adoptee has agreed they are to be open to inspection, or you can petition the court to appoint an intermediary. See New Mexico Statutes 32A-5.
If you don't know the court that did the adoption you may be able to learn which court or get other help by contacting the Children, Youth and Families Department which is supposed to monitor these things. I would forget about the fraud allegations and just tell them you have stuff he inherited. Child will be able to choose whether or not to allow contact.
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