A. A proceeding to adjudicate the parentage of a child having no presumed, acknowledged or adjudicated father may be commenced by the child at any time, even after:
(1) the child becomes an adult; or
(2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.
B. A proceeding to adjudicate child support pursuant to Subsection A of this section is limited by Sections 6-607 and 6-636 of the New Mexico Uniform Parentage Act.
History: Laws 2009, ch. 215, § 6-606.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Adult child. — Twenty-year-old child was "interested party" under 40-11-7 NMSA 1978, and therefore entitled to bring action for paternity and past child support under the Uniform Parentage Act. State ex rel. Salazar v. Roybal, 1998-NMCA-093, 125 N.M. 471, 963 P.2d 548, cert. denied, 125 N.M. 322, 961 P.2d 167.
This article authorizes an adult daughter to pursue a cause of action for retroactive child support against her alleged father, in conjunction with a paternity action, prior to her twenty-first birthday. Tedford v. Gregory, 1998-NMCA-067, 125 N.M. 206, 959 P.2d 540, cert. denied, 125 N.M. 147, 958 P.2d 105.
Suit need not commence before putative father's death. — Statute does not require children who were fathered outside of marriage to bring support action before their father died in order to make support claims against the estate. Kesterson v. DeLara, 2002-NMCA-004, 131 N.M. 430, 38 P.3d 198, cert. denied, 131 N.M. 564, 40 P.3d 1008.
Collateral estoppel. — Daughter's claim for paternity and retroactive child support was not barred by collateral estoppel, as she was neither a party to the divorce proceeding nor in privity with her mother as to the original decree; however, mother's husband was barred by collateral estoppel from asserting a claim for reimbursement of child support expenses. Tedford v. Gregory, 1998-NMCA-067, 125 N.M. 206, 959 P.2d 540, cert. denied, 125 N.M. 147, 958 P.2d 105.
Law reviews. — Annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987).
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