New Mexico

Overview

Original Birth Certificates. New Mexico is a Restricted State. It takes a court order for New Mexico-born adopted persons to obtain a copy of their own original birth records.

People Are Not Secrets. New Mexico does not require that a new amended birth certificate be created after a finalized adoption. Instead, the court, the adoptive parents, or the adopted person may request that no new birth certificate be issued. In such a case, the original birth certificate is the only birth certificate and remains available to the adopted person upon request. Birthparents ultimately have no control over the sealing of the adopted person’s own original birth record.

Court Records and Identifying information. Identifying information, which may include an original birth certificate, is available to an adult adopted person either by consent of the birthparent or by court order. A person must establish good cause for the release of identifying information, and New Mexico law provides a list of factors it must consider in determining whether “good cause” has been demonstrated.

Descendant Rights. As a restricted state, descendants of a New Mexico-born adopted person have no rights to request or obtain the original birth certificate. Siblings may seek identifying information through the court or the agency that handled the adoption, but release of any information remains available only by court order or if “the former parents and the adoptee have consented to the release of identity.”

Adult Adoption. New Mexico law provides for the adoption of adults. The New Mexico Adult Adoption Act sets out the requirements and procedures to complete an adult adoption. Generally, the required consent of the adult adoptee is the primary determinant in an adult adoption.

New Mexico Law: Vital Records and Birth Certificates

Relevant parts of New Mexico vital records law. The entire New Mexico vital records statute is available here.

24-14-13. Birth registration
A.  A certificate of birth for each live birth that occurs in this state shall be filed with the bureau or as otherwise directed by the state registrar within ten days after the birth and shall be registered if it has been completed and filed in accordance with this section. When a birth, however, occurs on a moving conveyance, a birth certificate shall be registered in this state and the place where the child is first removed shall be considered the place of birth.

B.  When a birth occurs in an institution, the person in charge of the institution or the person’s designated representative shall obtain the personal data, prepare the certificate of birth, secure the signatures required and file it as directed in this section. The physician or other person in attendance shall certify the medical information required by the certificate of birth within ten working days after the birth in accordance with policies established by the institution where the birth occurred. The person in charge of the institution or the person’s designee shall complete and sign the certificate of birth.

C.  When a birth occurs outside an institution, the certificate of birth shall be prepared and filed by one of the following in the indicated order of priority:

(1)       the physician in attendance at or immediately after the birth;
(2)       any other person in attendance at or immediately after the birth; or
(3)       the father, the mother or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.

D.  If the mother was married at the time of either conception or birth, the name of the husband shall be entered on the certificate of birth as the father of the child, unless paternity has been determined pursuant to Subsection F or G of this section or by a court, in which case the name of the father as determined pursuant to Subsection F or G of this section or by the court shall be entered.

E.  If the mother was not married at the time of either conception or birth, but the mother and father have signed under penalty of perjury an acknowledgment of paternity on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act [40-11A-101 to 40-11A-903 NMSA 1978], the father’s name, date of birth and social security number shall be entered on the acknowledgment of paternity. The name of the father shall not be entered on the certificate of birth without such a written acknowledgment of paternity signed under penalty of perjury by the mother and the person to be named as the father, unless a determination of paternity has been made by a court, in which case the name of the father as determined by the court shall be entered.

F.   At or before the birth of a child to an unmarried woman, the person in charge of the institution, a designated representative, the attending physician or midwife shall:

(1) provide an opportunity for the child’s mother and father to sign under penalty of perjury an acknowledgment of paternity on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act. The completed acknowledgment of paternity shall be filed with the bureau. The acknowledgment shall contain or have attached to it:

(a) a statement by the mother consenting to the assertion of paternity;
(b) a statement by the father that he is the father of the child;
(c)  written information, furnished by the human services department, explaining the implications of signing, including legal parental rights and responsibilities; and
(d) the social security numbers of both parents; and

(2) provide written information, furnished by the human services department, to the mother and father, regarding the benefits of having the child’s paternity established and of the availability of paternity establishment services and child support enforcement services.

G.  If a married mother claims that her husband is not the father of the child, the husband signs under penalty of perjury a denial of paternity on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act and the non-husband agrees that he is the father, an acknowledgment of paternity may be signed under penalty of perjury by the mother and the non-husband. Upon filing the acknowledgment of paternity and the denial of paternity with the bureau, the name of the non-husband shall be entered on the certificate of birth as the father.

H.  Pursuant to an interagency agreement for proper reimbursement, the bureau shall make available to the human services department the birth certificate, the mother’s and father’s social security numbers and paternity acknowledgments or denials. The human services department shall use these records only in conjunction with its duties as the state IV-D agency responsible for the child support program under Title IV-D of the federal Social Security Act.

I.    Each party shall be provided with copies of any acknowledgment of paternity and any related denial of paternity.

J.   The forms of acknowledgment of paternity and denial of paternity furnished by the bureau shall comply with the requirements of the New Mexico Uniform Parentage Act and shall be provided in English and in Spanish.

24-14-14. Unknown parentage; foundling registration
A.  Whoever assumes the custody of a living infant of unknown parentage shall report on a form and in the manner prescribed by the state registrar within ten days the following information:

(1) the date and place of finding;
(2) sex, color or race and approximate age of child;
(3) name and address of the person or institution with whom the child has been placed for care;
(4) name given to the child by the custodian; and
(5) other data required by the state registrar.

B.  A report registered under this section constitutes the certificate of birth for the infant.

C.  If the child is subsequently identified and a standard certificate of birth can be established, any report registered under this section shall be sealed and may be opened only by order of the district court or as provided by regulation.

24-14-17. New birth certificates following adoption, legitimation and paternity determination
A. The state registrar shall establish a new certificate of birth for a person born in this state when he receives the following:

(1) a report of adoption as provided in this section, a report of adoption prepared and filed in accordance with the laws of another state or country or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents or the adopted person; or

(2) a request that a new certificate of birth be established and evidence as required by regulation proving that the person has been legitimated or that a court has determined the paternity of the person.

B. When a new certificate of birth is established, the actual place and date of birth shall be shown. It shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity determination or legitimation shall not be subject to inspection except upon order of a court or in accordance with the provisions of Section 24-14-13 NMSA 1978 or in the case of a single adoptive parent.

C. Upon receipt of notice of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection except upon order of a court.

D. If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the state registrar as provided in Section 24-14-15 NMSA 1978 before a new certificate of birth is established.

E. For each adoption decreed by a court in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the certificate of birth of the person adopted, shall provide information necessary to establish a new certificate of birth of the person adopted and shall identify the order of adoption and be certified by the clerk of the court.

24-14-19. Adoption of foreign-born; certificate of birth
A. The state registrar shall establish a certificate of birth for a person of foreign birth adopted under New Mexico law when the registrar receives:

(1) a certified copy of a judgment of adoption granted by the court;
(2) an order issued by the court to establish a certificate of birth for that adopted person; and
(3) any other evidence as provided in Section 24-14-17 NMSA 1978 necessary to establish a new certificate of birth.

B. The certificate of birth established under this section shall be on a form prescribed by the state registrar and shall show the probable country of birth, pursuant to the findings of the court, and shall state that the certificate is not evidence of United States citizenship.

24-14-27. Disclosure of records.
A. The state registrar or other custodian of vital records shall not permit inspection of or disclosure of information contained in vital records or copying or issuance of a copy of all or part of any record except as authorized by law.

B. The department shall provide access to record level data required by the New Mexico health policy commission. The New Mexico health policy commission may only release record level data obtained from vital records in the aggregate. For the purposes of this subsection, “record level data” means one or more unique and non-aggregated data elements relating to a single identifiable individual. The department may authorize the disclosure of data contained in vital records for other research purposes.

C. When one hundred years have elapsed after the date of birth or fifty years have elapsed after the date of death, the vital records of these events in the custody of the state registrar shall become open public records, and information shall be made available in accordance with regulations that provide for the continued safekeeping of the records; provided that vital records of birth shall not become open public records prior to the individual’s death.

32A-5-38. Birth certificates
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.

Relevant New Mexico Law: Adoption Records

32A-5-8. Confidentiality of records
A. Unless the petitioner agrees to be contacted or agrees to the release of the petitioner’s identity to the parent and the parent agrees to be contacted or agrees to the release of the parent’s identity to the petitioner, the attorneys, the court, the agency and the department shall maintain confidentiality regarding the names of the parties, unless the information is already otherwise known. After the petition is filed and prior to the entry of the decree, the records in adoption proceedings shall be open to inspection only by the attorney for the petitioner, the department or the agency, any attorney appointed as a guardian ad litem or attorney for the adoptee, any attorney retained by the adoptee or other persons upon order of the court for good cause shown.

B. All records, whether on file with the court, an agency, the department, an attorney or other provider of professional services in connection with an adoption, are confidential and may be disclosed only pursuant to the provisions of the Adoption Act. All information and documentation provided for the purpose of full disclosure is confidential. Documentation provided for the purpose of full disclosure shall remain the property of the person making full disclosure when a prospective adoptive parent decides not to accept a placement. Immediately upon refusal of the placement, the prospective adoptive parent shall return all full disclosure documentation to the person providing full disclosure. A prospective adoptive parent shall not disclose any confidential information received during the full disclosure process, except as necessary to make a placement decision or to provide information to a child’s guardian ad litem or attorney or the court.

C. All hearings in adoption proceedings shall be confidential and shall be held in closed court without admittance of any person other than parties and their counsel.

D. A person who intentionally and unlawfully releases any information or records closed to the public pursuant to the Adoption Act or releases or makes other unlawful use of records in violation of that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

E. Prior to the entry of the decree of adoption, the parent consenting to the adoption or relinquishing parental rights to an agency or the department shall execute an affidavit stating whether the parent will permit contact or the disclosure of the parent’s identity to the adoptee or the adoptee’s prospective adoptive parents.

32A-5-40. Post-decree of adoption access to records
A. After the decree of adoption has been entered, all court files containing records of judicial proceedings conducted pursuant to the provisions of the Adoption Act and records submitted to the court in the proceedings shall be kept in separate locked files withheld from public inspection. Upon application to the clerk of the court, the records shall be open to inspection by a former parent if the adoptee is eighteen years of age or older, by an adoptee if the adoptee is eighteen years of age or older at the time application is made for inspection, by the adoptive parent if the adoptee is under eighteen years of age at the time application is made for inspection, by the attorney of any party, by any agency that has exercised guardianship over or legal custody of a child who was the adoptee in the particular proceeding, by the department or by an adoptee’s sibling; provided that the identity of the former parents and of the adoptee shall be kept confidential unless the former parents and the adoptee have consented to the release of identity. In the absence of consent to release identity, the inspection shall be limited to the following nonidentifying information:

(1) the health and medical histories of the adoptee’s biological parents;
(2) the health and medical history of the adoptee;
(3) the adoptee’s general family background, including ancestral information, without name references or geographical designations;
(4) physical descriptions; and
(5) the length of time the adoptee was in the care and custody of persons other than the petitioner.

B. After the entry of the decree of adoption, at any time, a former parent may file with the court, with the placing agency or with the department:

(1) a consent or refusal or an amended consent or refusal to be contacted;
(2) a release of the former parent’s identity to the adoptee if the adoptee is eighteen years of age or older or to the adoptive parent if the adoptee is under eighteen years of age; or
(3) information regarding the former parent’s location or changes in background information.

C. Any changes to post-adoption access to records referred to in Subsection B of this section shall be filed with the court, the placing agency and the department.

D. The consent or refusal referred to in Subsection B of this section shall be honored by the court, the placing agency or the department unless for good cause the court orders to the contrary.

E. At any time, an adoptee who is eighteen years of age or older may file with the court, a placing agency or the department:

(1) information regarding the adoptee’s location; or
(2) a consent or refusal regarding opening of the adoptee’s adoption file to the adoptee’s former parents.

F. If mutual authorizations for release of identifying information by the parties are not available, an adoptee who is eighteen years of age or older, the biological parents if the adoptee is eighteen years of age or older or the adoptive parents if the adoptee is under the age of eighteen years may file a motion with the court to obtain the release of identifying information for good cause shown. When hearing the motion, the court shall give primary consideration to the best interests of the adoptee, but shall also give due consideration to the interests of the members of the adoptee’s former and adoptive families. In determining whether good cause exists for the release of identifying information, the court shall consider:

(1) the reason the information is sought;
(2) any procedure available for satisfying the petitioner’s request without disclosing the name or identity of another individual, including appointment of a confidential intermediary to contact the individual and request specific information;
(3) whether the individual about whom identifying information is sought is alive;
(4) the preference, to the extent known, of the adoptee, the adoptive parents, the former parents and other members of the adoptee’s former and adoptive families and the likely effect of disclosure on those individuals;
(5) the age, maturity and expressed needs of the adoptee;
(6) the report or recommendation of any individual appointed by the court to assess the request for identifying information; and
(7) any other factor relevant to an assessment of whether the benefit to the adoptee of releasing the information sought will be greater than the benefit to any other individual of not releasing the information.

G. An adoptee shall have the right, for the purpose of enrolling in the adoptee’s tribe of origin, to access information kept by the department. Information needed by an adoptee to enroll in his tribe of origin may be requested from the department by the following persons:

(1) the adoptee, after he reaches eighteen years of age;
(2) when the adoptee is a child, his adoptive parent or guardian; or
(3) an adoptee’s descendant or, if the adoptee’s descendant is a child, an adult representative for the descendant.

H. When the department receives a request for information regarding an adoptee’s tribe of origin, the department shall examine its records to determine if the adoptee is of Indian descent. If the department establishes that an adoptee is of Indian descent, the department shall:

(1) provide the requester with the tribal affiliation of the adoptee’s biological parents;
(2) submit to the tribe information necessary to establish tribal enrollment for the adoptee and to protect any rights flowing from the adoptee’s tribal relationship; and
(3) provide notice to the requester of the department’s submission of information to the adoptee’s tribe.

New Mexico Law: Adult Adoption

40-14-1. Short title
This act may be cited as the “Adult Adoption Act”.

40-14-2. Definitions
As used in the Adult Adoption Act:

A.  “adoptee” means any adult who is the subject of an adoption petition;

B.  “adult” means any individual who is eighteen years of age or older;

C.  “court” means the district court;

D.  “parent” means the biological or adoptive parent;

E.  “person” means an individual;

F.   “petitioner” means any person who signs a petition to adopt under the Adult Adoption Act; and

G.  “resident” means a person who, immediately prior to filing an adoption petition, has lived in the state for at least six months or a person who has become domiciled in the state by establishing legal residence with the intention of maintaining the residence indefinitely.

40-14-3. Jurisdiction
The court shall have original jurisdiction over proceedings arising under the Adult Adoption Act.

40-14-4. Venue
A.  A petition for adoption may be filed in any county where:

(1)       a petitioner resides; or
(2)       the adoptee resides.

B.  A court that has jurisdiction under the Adult Adoption Act may decline to exercise jurisdiction any time before entering a decree if the court finds that under the circumstances of the case it is an inconvenient forum to make a determination. In that case, the court shall transfer the proceedings on any conditions that are just.

40-14-5. Who may be adopted; who may adopt
A.  Any adult may be adopted.

B.  Residents who are one of the following may adopt:

(1) any adult who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adult Adoption Act; or

(2) a married adult, without the spouse of the married adult joining in the adoption if:

(a) the non-joining spouse is a parent of the adoptee;
(b) the adult who is adopting and the non-joining spouse are legally separated; or
(c)  the failure of the non-joining spouse to join in the adoption is excused for reasonable circumstances as determined by the court.

40-14-6. Consent to the adoption
A.  Consent to the adoption shall be required of the adoptee or a person legally authorized to consent on behalf of the adoptee if the adoptee is incapacitated and unable to consent to the adoption.

B.  A consent shall be in writing, signed by the adoptee and shall state the following:

(1) the date, place and time of execution;
(2) the date and place of birth of the adoptee and any names by which the adoptee has been known;
(3) the name of the petitioner;
(4) that the adoptee has been advised of the legal consequences of the adoption by independent legal counsel or a judge;
(5) that consent to an adoption cannot be withdrawn;
(6) that the adoptee is voluntarily and unequivocally consenting to the adoption; and
(7) that the adoptee has received or been offered a copy of the consent.

C.  In cases when the consent is in English and English is not the first language of the consenting person, the person taking the consent shall certify in writing that the document has been read and explained to the person whose consent is being taken in that person’s first language, by whom the document was read and explained and that the meaning and implications of the document are fully understood by the person giving the consent.

D.  A consent to adoption shall be signed before and approved by a judge who has jurisdiction over adoption proceedings, within or without this state, and who is in the jurisdiction in which the adoptee or the petitioner resides.

E.  The consent shall be filed with the court in which the petition for adoption has been filed before adjudication of the petition.

F.   In its discretion, the court may order counseling.

G.  A consent to adoption shall not be withdrawn prior to the entry of a decree of adoption unless the court finds, after notice and an opportunity to be heard is given to the petitioner and the adoptee, that the consent was obtained by fraud. In no event shall a consent or relinquishment be withdrawn after the entry of a decree of adoption.

40-14-7. Petition; content
A petition for adoption shall be filed and verified by the petitioner and shall allege:

A.  the full name, age and place and duration of residence of the petitioner and, if married, the place and date of marriage; the date and place of any prior marriage, separation or divorce; and the name of any present or prior spouse;

B.  the date and place of birth of the adoptee;

C.  the birth name of the adoptee, any other names by which the adoptee has been known and the adoptee’s proposed new name;

D.  where the adoptee is residing at the time of the filing of the petition;

E.  that the petitioner desires to establish a parent and child relationship between himself and the adoptee;

F.   the relationship, if any, of the petitioner to the adoptee;

G.  whether the adoptee is foreign born, and if so, copies of the adoptee’s passport and United States visa shall be attached as exhibits to the petition;

H.  the length and nature of the relationship between the petitioner and the adoptee and the degree of kinship, if any;

I.    the reason the adoption is sought;

J.   the names and addresses of any living parents or children of the adoptee;

K.  a statement as to why the adoption would be in the best interests of the petitioner, the adoptee and the public; and

L.   whether the petitioner or the petitioner’s spouse has previously adopted any other adult person and, if so, the name of the person and the date and place of the adoption.

40-14-8. Petition; caption
The caption of a petition for adoption shall be styled “In the Matter of the Adoption Petition of (Petitioner’s Name)”.

40-14-9. Notice of petition; service; waiver
A.  A copy of the petition for adoption shall be served by the petitioner on the following individuals, unless receipt of a copy of the petition has been previously waived in writing:

(1)       the adoptee;
(2)       the parents of the adoptee;
(3)       the legally appointed conservator or guardian of the adoptee;
(4)       the spouse of any petitioner who has not joined in the petition;
(5)       the spouse of the adoptee;
(6)       the surviving parent of a deceased parent of the adoptee; and
(7)       any other person designated by the court.

B.  The notice shall state that the person served shall respond to the petition within twenty days if the person intends to contest the adoption and shall also state that failure to respond in a timely manner will be treated as a default.

C.  Provision of notice for the adoptee and the legally appointed conservator or guardian of the adoptee shall be made pursuant to the Rules of Civil Procedure for the District Courts.

D.  As to any other person for whom notice is required under Subsection A of this section, service by certified mail, return receipt requested, is sufficient. If the service cannot be completed after two attempts, the court shall issue an order providing for service by publication.

E.  The notice required by this section may be waived in writing by the person entitled to notice.

F.   Proof of service of the notice on all persons for whom notice is required shall be filed with the court prior to any hearing that affects the rights of those persons.

40-14-10. Response to petition
A.  Any person who responds to a notice of petition for adoption shall file a verified response to the petition within the time limits set forth in Section 12 of the Adult Adoption Act.

B.  The verified response shall be made pursuant to the Rules of Civil Procedure for the District Courts and, in addition, shall allege the relationship, if any, of the respondent to the adoptee.

40-14-11. Appointment of attorney for incompetent adoptee
Upon motion of any party, or upon the court’s own motion, the court may appoint an attorney for an adoptee whom the court finds to be incompetent. Payment for the appointed attorney shall be assessed against the parties in the court’s discretion.

40-14-12. Adjudication; disposition; decree of adoption
A.  The court shall conduct a hearing on the petition for adoption. The petitioner and the adoptee shall attend the hearing, unless the court waives a party’s appearance for good cause shown by the party. As used in this subsection, “good cause” includes burdensome travel requirements.

B.  The petitioner shall present and prove each allegation set forth in the petition for adoption by clear and convincing evidence.

C.  The court shall grant a decree of adoption if it finds that the petitioner has proved by clear and convincing evidence that:

(1) the court has jurisdiction to enter a decree of adoption affecting the adoptee
(2) the adoptee has consented to the adoption;
(3) service of the petition for adoption has been made or dispensed with as to all persons entitled to notice;
(4) at least thirty days have passed since the filing of the petition for adoption
(5) the petitioner is a suitable adoptive parent and the best interests of the petitioner, adoptee and the public are served by the adoption; and
(6) if the adoptee is foreign born, the adoptee is legally free for adoption.

D.  In addition to the findings set forth in Subsection C of this section, the court, in any decree of adoption, shall make findings with respect to each allegation of the petition.

E.  If the court determines that any of the findings for a decree of adoption have not been met or that the adoption is not in the best interests of the petitioner, adoptee or the public, the court shall deny the petition.

F.   The decree of adoption shall include the new name of the adoptee and shall not include any other name by which the adoptee has been known or the names of the former parents. The decree of adoption shall order that from the date of the decree, the adoptee shall be the child of the petitioner and accorded the status set forth in Section 13 of the Adult Adoption Act.

G.  A decree of adoption shall be entered within six months of the filing of the petition.

H.  A decree of adoption may not be attacked upon the expiration of one year from the date of the entry of the decree.

40-14-13. Status of adoption and petitioner upon entry of decree of adoption
A.  Once adopted, an adoptee shall take a name agreed upon by the petitioner and the adoptee and approved by the court.

B.  After adoption, the adoptee and the petitioner shall sustain the legal relation of parent and child as if the adoptee were the biological child of the petitioner and the petitioner were the biological parent of the child. The adoptee shall have all rights and be subject to all the duties of that relation, including the right of inheritance from and through the petitioner, and the petitioner shall have all rights and be subject to all duties of that relation, including the right of inheritance from and through the adoptee.

40-14-14. Birth certificates.
A.  Within thirty days after an adoption decree is entered, 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 clerk of the court 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. The 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 vital statistics laws.

40-14-15. Recognition of foreign decrees
Every judgment establishing the relationship of parent and child by adult adoption issued pursuant to due process of law by the tribunals of any other jurisdiction within or without the United States shall be recognized in this state, so that the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the judgment were issued by the courts of this state.