{"data":{"id":"us-nm/40-11a-637","jurisdiction":"us-nm","citation":"40-11A-637","heading":"Binding effect of determination of parentage.","body":"A. Except as otherwise provided in Subsection B of this section, a determination of parentage is binding on:\n(1) all signatories to an acknowledgment or denial of paternity as provided in Article 3 of the New Mexico Uniform Parentage Act; and\n(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.\nB. A child is not bound by a determination of parentage pursuant to the New Mexico Uniform Parentage Act unless:\n(1) the determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing;\n(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;\n(3) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem; or\n(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.\nC. 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:\n(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;\n(2) provides for support of the child by the husband unless paternity is specifically disclaimed in the order; or\n(3) contains a stipulation or admission that the parties are the parents of the child.\nD. 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.\nE. 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.","path":["Chapter 40 - Domestic Affairs","ARTICLE 11A New Mexico Uniform Parentage Act"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18540/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"32ceb08932f4ce5ad5956e638f2a35d9c06939bb27b7323bc170ab766db54541","source_id":"us-nm","stale":false,"prev":"us-nm/40-11a-636","next":"us-nm/40-11a-638"},"notice":"GroundRules: Original legal text. Not legal advice."}
