Coca v. New Mexico Health & Social Services Department

OPINION

WOOD, Chief Judge.

This appeal involves the grandfather’s adoption of his grandson. The grandson was over fourteen years of age and had lived with the grandfather since he was one year old. The grandson and the mother consented to the adoption. The father is dead. H.S.S.D. (New Mexico Health and Social Services Department) seeks to have the adoption decree set aside. One of the claims of H.S.S.D. is that it was a party to the adoption proceedings even though it never had custody of the grandson. We assume, but do not decide, that H.S.S.D. was a party. On the basis of this assumption, we…