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Legal Information: New Mexico
If my child was conceived from rape, can the offender’s parental rights be terminated?
The parental rights of a rapist can be terminated at the request of the victim if:
- the abuser was convicted of rape (“criminal sexual penetration”); and
- the judge determines by clear and convincing evidence that the child is the result of that rape.1
If the child is an American Indian child, aside from proving the reason to terminate the parental rights, the requirements of the Indian Child Welfare Act of 1978 have to be met.2
1 N.M. Stat. § 40-16-1(A)
2 N.M. Stat. § 40-16-1(B)
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