Parentage - Self-Representation

Overview

This page is about parentage, also known as paternity, governed under the New Mexico Uniform Parentage Act, which can be found in Sections 40-11A-101 through 40-11A-643 of NMSA 1978.

Since there are other laws governing child care, you should talk to a lawyer to ensure that this is the correct procedure for your situation.

Additional Information

What is Parentage?

Parentage, also known as paternity, establishes a legal relationship between a child and their parents.

Who may open a paternity case?

Any family member of the child can open a parentage case. This usually includes the mother and father, but it can also be requested by the child’s grandparents.
Section 40-11A-602 NMSA 1978

Parentage Checklist

This checklist will help you take the proper steps to begin the parentage process.

Step 1: Fill out the forms. Complete and file the following forms:

Petition for Parentage
Domestic Relations Information Sheet
Summons

Step 2: File the forms. Take the original and two copies of each completed form to file in the district court. Check with your local district court for the filing fee. You can also ask the court clerk about waiving the filing fee or part of the fee. The court keeps the originals, stamps the copies, and returns them to you. One copy is for you, and one copy is for the other parent.

Step 3: Serve your court papers. Each parent must receive a copy of your court papers, which is called “serving” them. If the parents disagree on parentage, the other parent must receive a summons. This lets them know there is an upcoming hearing they need to attend. Even if you do not know where to find one or both parents, you still have to serve them with your court papers. You may have to ask the court for permission to publish a notice in the newspaper. Please read Rule 1-004 NMRA for more details. It is important to remember that you do not serve these court papers to each parent; your job is to arrange for someone else to do this for you.

Step 4: Go to your hearing. You will receive a notice with your court date in the mail. Bring any documents that support your case.

Frequently Asked Questions (FAQ)

How is parentage established?

Parentage can either be established voluntarily or through the court system. If both parents agree, it can be determined by listing the father on the birth certificate or filing an affidavit with the New Mexico Department of Health. You can file an affidavit using the following link: New Mexico Vital Records

If the identity of a child’s father is not determined, genetic testing is required to provide certainty. Options include blood tests and cheek swabs. If the child’s mother and the man claiming to be the child’s father don’t agree about paternity testing, then either party can file a case with the court anytime before the child’s 21st birthday. The courts may require paternity testing.

Section 40-11A-503 NMSA 1978

Are parentage test results confidential?

Why should I establish parentage?

What if the other parent and I disagree on establishing parentage?

If the petitioner and respondent disagree on establishing parentage, the petitioner can still file a case. After receiving the petition, the respondent can file a response to the petition using Form 4A-104 within 30 days. The response gives the other parent a chance to explain why they do not want to establish parentage.

Sections 40-11A-301 through 40-11A-305 NMSA 1978.

Under what circumstances should parentage be established?

If the two parents were married at the time of the child’s birth, there is a presumption of paternity, creating a legal relationship between them and the child. If the two parents were not married during their child’s birth, the supposed father did not sign the birth certificate, or has not resided in the same home as the child for the first two years, establishing parentage may be needed. There are other reasons parentage may not be claimed. Please consult an attorney if you are unsure whether you should establish parentage.

Section 40-11A-204

Can I establish parentage without going to court?

Yes, you can file a Voluntary Acknowledgment of Paternity. This should be signed by the mother and the man seeking to establish his paternity in the presence of a notary. Please use the following link to use the form and see instructions walking you through how to fill out the form: New Mexico Vital Records

Sections 40-11A-301 through 40-11A-305 NMSA 1978.

Can I deny parentage?

If the presumed father does not believe he is the father of the child, he can sign a denial of his paternity. The denial of paternity is valid only if:

Another man signs an acknowledgment of paternity
The denial is on a form provided by the bureau and is signed
And the presumed father has not previously acknowledged his paternity or been deemed the father of the child.

Both the Acknowledgment of Paternity and the Denial of Paternity Forms must be submitted to the NM Department of Health. Please visit their website for more information.

Sections 40-11A-301 through 40-11A-305 NMSA 1978.

Resources

Parentage Resources

Paternity Steps If Parents Do Not Agree

Paternity Steps If Parents Agree

Parentage Quick Guide

Acknowledgment of Paternity Statement (AOP)

Forms & Videos

Parentage Forms & Videos

Contact Information

New Mexico Courts HelpLine (855) 268-7804

The HelpLine is available to assist you. Hours of operation: Monday – Friday 7:00 a.m. to 7:00 p.m., and Saturdays from 9:00 a.m. to 1:00 p.m.

To reach or visit the closest self-help center to you, please view Self-Representation by Court District.

Last updated: 2/16/2026