§ 40-11a-703

A person who provides eggs, sperm or embryos for or consents to assisted reproduction as provided in Section 7-704 of the New Mexico Uniform Parentage Act with the intent to be the parent of a child is a parent of the resulting child. History: Laws 2009, ch. 215, § 7-703. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010. Evidence establishing consent to assisted reproduction. — Where, in divorce proceedings, petitioner challenged respondent's standing to adjudicate parentage under the New Mexico Uniform Parentage Act (NMUPA), §§ 40-11A-101 to -903 NMSA 1978, because respondent was not biologically or genetically related to the children, and where petitioner also argued that respondent did not consent to petitioner's insemination procedure as required to establish parentage under the NMUPA's assisted reproduction provisions, the district court erred in ruling that respondent did not consent to assisted reproduction on the grounds that she failed to produce a signed record indicating that she consented to the specific assisted reproduction procedure that resulted in the birth of the children.

sisted reproduction on the grounds that she failed to produce a signed record indicating that she consented to the specific assisted reproduction procedure that resulted in the birth of the children. Respondent signed numerous documents indicating her consent to previous insemination procedures, and the NMUPA does not prevent consideration of any documents signed by the parties before they conceive via assisted reproduction, so long as those documents manifest their intent to be a parent of the resulting child, and the NMUPA also indicates that consent, once given, can remain effective until it is withdrawn. Soon v. Kammann, 2022-NMCA-066, cert. granted.Sperm donor agreement. — Where the biological father and the mother of the child entered into an agreement, prior to conception of the child, that the father would donate sperm, act as a male role model for the child, and have no financial obligation for child support; the mother self-inseminated herself; and after the child was born, the father held himself out as the father of the child, had significant contacts with the child, and was registered as the child's father with the vital statistics bureau, the agreement was

was born, the father held himself out as the father of the child, had significant contacts with the child, and was registered as the child's father with the vital statistics bureau, the agreement was unenforceable and the father was liable for child support. Mintz v. Zoernig, 2008-NMCA-162, 145 N.M. 362, 198 P.3d 861, cert. denied, 2008-NMCERT-011, 145 N.M. 531, 202 P.3d 124.