A. Within thirty days after an adoption decree becomes final, the petitioner shall prepare an application for a birth certificate in the new name of the adoptee, showing the petitioner as the adoptee's parent, and shall provide the application to the clerk of the court. The petitioner shall forward the application:
(1) for a person born in the United States, to the appropriate vital statistics office of the place, if known, where the adoptee was born; or
(2) for all other persons, to the state registrar of vital statistics. In the case of the adoption of a person born outside the United States, if requested by the petitioner, the court shall make findings, based on evidence from the petitioner and other reliable state or federal sources, on the date and place of birth of the adoptee. These findings shall be certified by the court and included with the application for a birth certificate.
B. The state registrar of vital statistics shall prepare a birth record in the new name of the adoptee in accordance with the vital statistics laws, but subject to the requirements of the Adoption Act as to the confidentiality of adoption records.
History: 1978 Comp., § 32A-5-38, enacted by Laws 1993, ch. 77, § 165; 2005, ch. 189, § 70.
Cross references. — For new birth certificates following adoption, legitimation and paternity determination, see 24-14-17 NMSA 1978.
The 2005 amendment, effective June 17, 2005, in Subsection A, changed "clerk of the court" to "petitioner".
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