I am a grieving parent, unable to lay my 23-year-old son to rest, without petitioning the court, due to the current law in New Mexico that requires majority parental consent for cremation. My son's biological father, who has been absent from his life for the past 7.5 years, is not refusing consent but is unreachable and unresponsive. This situation left us in a painful limbo. On 2/2/24, I was finally given authorization by the New Mexico 5th Judicial District Court for cremation, but the process could have been avoided if the law was written with provisions to allow for situations as this. 

Our story is not unique. There are others who face similar predicaments due to this law which does not consider the complexities of family dynamics and personal choices. It's important to note that this isn't about undermining parental rights but rather about addressing situations where one parent is completely absent and unresponsive.

In New Mexico, as per state laws, both parents' consent is required for cremation of an adult child if he/she had no spouse or children (source: NM Stat § 24-12B-4 (1997)). However, there are no provisions made when one parent refuses communication entirely.

We urge lawmakers in New Mexico to amend these laws - allowing for cremation without majority parental consent when an absent parent refuses communication - so families like ours can find closure after such devastating loss.

Please sign this petition and help us bring about much-needed change in our state's legislation regarding post-death decisions involving adult children without spouses or offspring.

It should be titled Gavin's Law