New Mexico State Laws
New Mexico Adoption Law
New Mexico permits single LGBT individuals and same-sex couples to adopt. In some jurisdictions a person can adopt his or her same-sex partner's adopted child.
New Mexico Birth Certificate Law
Gender Identity Issues
New Mexico permits post-operative transsexuals to amend their sex on their birth certificates.
New Mexico Custody and Visitation Law
Courts typically will not consider a parent's sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the child(ren). There have been no cases dealing with transgender parents. Courts will allow a former same-sex partner (with no legal or biological relationship to the child(ren)) to petition for visitation.
New Mexico Donor Insemination Law
New Mexico law permits unmarried women to undergo donor insemination.
New Mexico Hate Crimes Law
State law covers hate crimes based on gender identity and sexual orientation.
New Mexico Marriage/Relationship Recognition Law
No provision of New Mexico explicitly addresses same-sex marriages celebrated in another jurisdiction. The state offers domestic partnership benefits to state employees.
On January 4, 2011 Attorney General Gary King issued an opinion stating that that a valid same-sex marriage from another jurisdiction is valid in New Mexico. This opinion has not been tested in the courts or legislature.
New Mexico Non-Discrimination Law
New Mexico law protects against discimination based on sexual orientation and gender identity.
New Mexico School Law
New Mexico law does not address school issues relating to sexual orientation or gender identity.
New Mexico Sodomy Law
The New Mexico sodomy law was repealed in 1975.
New Mexico Surrogacy Law
New Mexico law permits surrogacy agreements.