New Mexico Legal Ages
The key age-based rights and duties in New Mexico, with the law or official source behind each one: driving, work, school, tattoos, marriage, voting, jury service and more. Add a birth date to see which ages are reached and what comes next. It runs in your browser; nothing is stored.
Sources checked on October 21, 2026.
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Legal ages in New Mexico
Age 1
Rear-facing car seat age requirement ends
The law requires a rear-facing seat until age 1; after that a child may ride forward-facing.
New Mexico law · NMSA 1978, § 66-7-369(B)(1)
Age 7
Car seat or booster age requirement ends
The child car seat or booster requirement ends at age 7; after that a seat belt can be used.
A child of any age who weighs less than 60 pounds still needs a booster or child restraint.
New Mexico law · NMSA 1978, § 66-7-369(B)(3)-(4)
Age 14
Can work limited hours in non-hazardous jobs (federal rule)
Federal law lets 14- and 15-year-olds work in permitted non-hazardous jobs, outside school hours and within weekly hour limits.
Limits: no more than 3 hours on a school day and 18 hours in a school week; 8 hours a day and 40 hours a week when school is out; only between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day) (29 C.F.R. 570.35).
Federal rule, applies in every state · 29 CFR 570.2(a)(1)
Can work (state minimum age)
New Mexico bars children under 14 from any gainful occupation unless the Child Labor Act allows it.
Exceptions include child performers and work for a parent.
New Mexico law · NMSA 1978, § 50-6-1
Age 15
Can get a learner's permit
New Mexico issues an instruction permit at 15 to teens in driver education that includes a DWI component.
New Mexico law · NMSA 1978 § 66-5-8(E); NM MVD manual ch. 3
Age 15 and 6 months
Can get a first license to drive alone
A provisional license for driving alone is available at 15 and 6 months after six months with a permit.
Thirty days are added for each traffic violation while on the permit; 50 hours of supervised driving, 10 at night.
New Mexico law · NMSA 1978 § 66-5-8; NM MVD manual ch. 4
Age 16
No work permit needed
New Mexico ordinarily requires a work permit, issued by a school official or the state labor division, to employ children under 16.
New Mexico law · NMSA 1978, § 50-6-2; 11.1.4.9(A) NMAC
Can work any non-hazardous job (federal rule)
At 16, the general federal minimum working age applies: any job except those the Labor Department declares hazardous.
Federal rule, applies in every state · 29 CFR 570.2(a)(1)
Court emancipation (adult status) can be sought
A minor can petition a court to be declared emancipated starting at age 16.
The minor must be willingly living apart from the parents.
New Mexico law · NMSA 1978, § 32A-21-4
Lowest marriage age with parent or court consent
With a parent's consent, the lowest age to marry is 16.
New Mexico law · NMSA 1978 40-1-6(A),(B) (enacted by 2013 SB 299, section 4)
Age 17
Can vote in a primary if 18 by the general election
New Mexico lets 17-year-olds vote in a primary if they will be 18 by the general election.
New Mexico law · NMSA 1978, § 1-4-2 (Secretary of State)
Age 18
Can leave school (compulsory attendance ends)
New Mexico's compulsory attendance requirement lasts until at least the 18th birthday unless the student graduates.
Between 16 and 18, a parent may give written permission to leave school for a hardship approved by the superintendent.
New Mexico law · NMSA 1978 § 22-12A-4(A)
Can work in jobs federal law calls hazardous
At 18, the federal bar on jobs the Labor Department declares hazardous for minors ends for non-farm work.
Federal rule, applies in every state · 29 CFR 570.2(a)(1)
Teen license limits end (varies, see rule)
Applicants under 18 need 12 months on a provisional license before a full license.
With 12 provisional months free of violations, a full license is possible at 16 and 6 months.
New Mexico law · NMSA 1978 § 66-5-9(I); NM MVD manual ch. 4
Can get a tattoo without a parent's consent
From 18, a person can be tattooed without a parent's consent.
New Mexico law · NMSA 1978, § 28-6-1(A) (age of majority); 16.36.5.9(C)(7) NMAC
Becomes a legal adult (age of majority)
State law makes a person a legal adult, with full rights to contract and sue, at 18.
New Mexico law · NMSA 1978, § 28-6-1(A)
Can make a will
A person of sound mind can make a valid will at 18.
An emancipated minor can also make a will.
New Mexico law · NMSA 45-2-501
Can marry without a parent's consent
A person can marry without a parent's or court's consent at 18.
The marriage statute sets exceptions only below the age of majority.
New Mexico law · NMSA 1978, § 28-6-1(A) (age of majority; the marriage statute states only the under-majority exceptions)
Can vote
The U.S. Constitution guarantees the right to vote at 18 in every federal, state and local election.
Federal rule, applies in every state · U.S. Const. amend. XXVI, § 1
Must register with Selective Service (men)
Men 18 through 25 who are U.S. citizens or live in the United States must register with the Selective Service System.
Men admitted on a nonimmigrant visa are exempt while they keep that status (50 U.S.C. 3802(a)).
Federal rule, applies in every state · 50 U.S.C. § 3802(a)
Can be called for state jury service
A person can be called for state jury service from age 18.
New Mexico law · NMSA 1978, § 38-5-1(A)
Can be called for federal jury service
Federal courts may call U.S. citizens 18 or older who have lived in the judicial district for a year.
Federal rule, applies in every state · 28 U.S.C. § 1865(b)(1)
Charged as an adult by default (juvenile court age ends)
New Mexico tries people charged with a crime in adult court by default from age 18; younger defendants start in juvenile court.
A juvenile court can transfer some younger defendants to adult court for serious offenses.
New Mexico law · NMSA 1978, § 32A-1-4(C)
Can buy a lottery ticket
State law bars selling lottery tickets to, or buying them by, anyone under 18.
New Mexico law · NMSA 1978, § 6-24-15
Age 21
Can drive a commercial truck across state lines
Federal rules require drivers of commercial vehicles in interstate commerce to be at least 21.
Federal rule, applies in every state · 49 C.F.R. § 391.11(b)(1)
Can buy tobacco or vapes
Federal law bars any retailer from selling cigarettes, vapes or other tobacco products to anyone under 21, in every state.
Federal rule, applies in every state · 21 U.S.C. § 387f(d)(5)
Can buy alcohol
Federal highway funding law withholds funds from any state that lets anyone under 21 buy alcohol or possess it in public, so every state sets 21.
Federal rules let states exempt possession (not purchase) for a religious purpose, with a parent, spouse or legal guardian 21 or older, for medical use, in private clubs, or in lawful employment (23 C.F.R. 1208.3).
Federal rule, applies in every state · 23 U.S.C. § 158(a)
Under-21 credit card limits end (no cosigner or independent income needed)
Under 21, a card issuer may open a credit card only with a cosigner or proof that you can repay on your own.
Federal rule, applies in every state · 15 U.S.C. § 1637(c)(8)
Age 25
Can serve in the U.S. House
The Constitution sets 25 as the minimum age for the U.S. House of Representatives.
Federal rule, applies in every state · U.S. Const. art. I, § 2, cl. 2
Age 30
Can serve as governor
New Mexico's constitution requires the governor to be at least 30 years old.
New Mexico law · N.M. Const. art. V, § 3
Can serve in the U.S. Senate
The Constitution sets 30 as the minimum age for the U.S. Senate.
Federal rule, applies in every state · U.S. Const. art. I, § 3, cl. 3
Age 35
Can serve as President
The Constitution sets 35 as the minimum age for President.
Federal rule, applies in every state · U.S. Const. art. II, § 1, cl. 5
Age 62
Can start Social Security retirement benefits (reduced)
Social Security retirement benefits can start at 62, permanently reduced.
Federal rule, applies in every state · SSA, Retirement Benefits: Benefit reduction for early retirement
Age 65
Eligible for Medicare by age
Medicare hospital insurance by age begins at 65 for people entitled, or who would be entitled, to Social Security or Railroad Retirement benefits.
Federal rule, applies in every state · 42 U.S.C. § 426(a)
Age 67
Full Social Security retirement age (born 1960 or later)
Full Social Security retirement age is 67 for anyone born in 1960 or later.
Federal rule, applies in every state · SSA, Full Retirement and Age 62 Benefit By Year Of Birth
Age 73
Retirement-account minimum withdrawals begin
Required minimum distributions from traditional retirement accounts begin at 73 for people who turn 72 after 2022.
Federal rule, applies in every state · 26 U.S.C. § 401(a)(9)(C)(v)
Age 75
Can ask to be excused from jury service because of age
From age 75, a person can ask to be excused from jury service because of age.
The exemption is permanent on request.
New Mexico law · NMSA 1978, § 38-5-2(B)
Rules with no set age in New Mexico
- Must be enrolled in school: We could not confirm this rule at an official source. Check the official link. NMSA 1978 § 22-1-2 ("school-age person")
- Can get a tattoo with a parent's consent: With a parent's consent, state law sets no minimum age. 16.36.5.9(C)(7) NMAC; NMSA 1978, §§ 61-17B-1 to -18
- Adult adoptee can get the original birth certificate: The original birth certificate is released only by court order; reaching an age gives no automatic access. NMSA 1978 24-14-17
- Can pre-register to vote: We could not confirm this rule at an official source. Check the official link. NMSA 1978, § 1-4-2
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Legal ages in New Mexico, rule by rule
Each row is one rule, the age it sets in New Mexico, and the law it comes from. Federal rules apply in every state and are marked as federal.
Childhood
| Rule | Age | Law |
|---|---|---|
| Rear-facing car seat age requirement ends The law requires a rear-facing seat until age 1; after that a child may ride forward-facing. | 1 | NMSA 1978, § 66-7-369(B)(1) |
| Car seat or booster age requirement ends The child car seat or booster requirement ends at age 7; after that a seat belt can be used.A child of any age who weighs less than 60 pounds still needs a booster or child restraint. | 7 | NMSA 1978, § 66-7-369(B)(3)-(4) |
School
| Rule | Age | Law |
|---|---|---|
| Must be enrolled in school We could not confirm this rule at an official source. Check the official link.The start depends on the "school-age person" definition, which we could not open in current form; bill drafts set it at 5 by September 1. | Not confirmed | NMSA 1978 § 22-1-2 ("school-age person") |
| Can leave school (compulsory attendance ends) New Mexico's compulsory attendance requirement lasts until at least the 18th birthday unless the student graduates.Between 16 and 18, a parent may give written permission to leave school for a hardship approved by the superintendent. | 18 | NMSA 1978 § 22-12A-4(A) |
Work
| Rule | Age | Law |
|---|---|---|
| Can work limited hours in non-hazardous jobs (federal rule) Federal law lets 14- and 15-year-olds work in permitted non-hazardous jobs, outside school hours and within weekly hour limits.Limits: no more than 3 hours on a school day and 18 hours in a school week; 8 hours a day and 40 hours a week when school is out; only between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day) (29 C.F.R. 570.35). | 14 | 29 CFR 570.2(a)(1)Federal, all states |
| Can work (state minimum age) New Mexico bars children under 14 from any gainful occupation unless the Child Labor Act allows it.Exceptions include child performers and work for a parent. | 14 | NMSA 1978, § 50-6-1 |
| No work permit needed New Mexico ordinarily requires a work permit, issued by a school official or the state labor division, to employ children under 16. | 16 | NMSA 1978, § 50-6-2; 11.1.4.9(A) NMAC |
| Can work any non-hazardous job (federal rule) At 16, the general federal minimum working age applies: any job except those the Labor Department declares hazardous. | 16 | 29 CFR 570.2(a)(1)Federal, all states |
| Can work in jobs federal law calls hazardous At 18, the federal bar on jobs the Labor Department declares hazardous for minors ends for non-farm work. | 18 | 29 CFR 570.2(a)(1)Federal, all states |
Driving
| Rule | Age | Law |
|---|---|---|
| Can get a learner's permit New Mexico issues an instruction permit at 15 to teens in driver education that includes a DWI component. | 15 | NMSA 1978 § 66-5-8(E); NM MVD manual ch. 3 |
| Can get a first license to drive alone A provisional license for driving alone is available at 15 and 6 months after six months with a permit.Thirty days are added for each traffic violation while on the permit; 50 hours of supervised driving, 10 at night. | 15 and 6 months | NMSA 1978 § 66-5-8; NM MVD manual ch. 4 |
| Teen license limits end (varies, see rule) Applicants under 18 need 12 months on a provisional license before a full license.With 12 provisional months free of violations, a full license is possible at 16 and 6 months. | 18 | NMSA 1978 § 66-5-9(I); NM MVD manual ch. 4 |
| Can drive a commercial truck across state lines Federal rules require drivers of commercial vehicles in interstate commerce to be at least 21. | 21 | 49 C.F.R. § 391.11(b)(1)Federal, all states |
Tattoos
| Rule | Age | Law |
|---|---|---|
| Can get a tattoo with a parent's consent With a parent's consent, state law sets no minimum age.A state rule requires written proof that a parent or guardian was present and consented; the Body Art Safe Practices Act itself sets no age.Law change: The Body Art Safe Practices Act is set to be repealed on July 1, 2028 under the Sunset Act unless the legislature continues it. | No minimum age | 16.36.5.9(C)(7) NMAC; NMSA 1978, §§ 61-17B-1 to -18 |
| Can get a tattoo without a parent's consent From 18, a person can be tattooed without a parent's consent. | 18 | NMSA 1978, § 28-6-1(A) (age of majority); 16.36.5.9(C)(7) NMAC |
Adulthood and family
| Rule | Age | Law |
|---|---|---|
| Court emancipation (adult status) can be sought A minor can petition a court to be declared emancipated starting at age 16.The minor must be willingly living apart from the parents. | 16 | NMSA 1978, § 32A-21-4 |
| Becomes a legal adult (age of majority) State law makes a person a legal adult, with full rights to contract and sue, at 18. | 18 | NMSA 1978, § 28-6-1(A) |
| Can make a will A person of sound mind can make a valid will at 18.An emancipated minor can also make a will. | 18 | NMSA 45-2-501 |
| Can marry without a parent's consent A person can marry without a parent's or court's consent at 18.The marriage statute sets exceptions only below the age of majority. | 18 | NMSA 1978, § 28-6-1(A) (age of majority; the marriage statute states only the under-majority exceptions) |
| Lowest marriage age with parent or court consent With a parent's consent, the lowest age to marry is 16. | 16 | NMSA 1978 40-1-6(A),(B) (enacted by 2013 SB 299, section 4) |
| Adult adoptee can get the original birth certificate The original birth certificate is released only by court order; reaching an age gives no automatic access. | No automatic access at any age | NMSA 1978 24-14-17 |
Voting, juries and office
| Rule | Age | Law |
|---|---|---|
| Can pre-register to vote We could not confirm this rule at an official source. Check the official link. | Not confirmed | NMSA 1978, § 1-4-2 |
| Can vote in a primary if 18 by the general election New Mexico lets 17-year-olds vote in a primary if they will be 18 by the general election. | 17 | NMSA 1978, § 1-4-2 (Secretary of State) |
| Can vote The U.S. Constitution guarantees the right to vote at 18 in every federal, state and local election. | 18 | U.S. Const. amend. XXVI, § 1Federal, all states |
| Must register with Selective Service (men) Men 18 through 25 who are U.S. citizens or live in the United States must register with the Selective Service System.Men admitted on a nonimmigrant visa are exempt while they keep that status (50 U.S.C. 3802(a)).Law change: The FY 2026 National Defense Authorization Act (signed December 18, 2025) makes registration automatic; the Selective Service System says it will implement the change by December 2026. | 18 | 50 U.S.C. § 3802(a)Federal, all states |
| Can be called for state jury service A person can be called for state jury service from age 18. | 18 | NMSA 1978, § 38-5-1(A) |
| Can be called for federal jury service Federal courts may call U.S. citizens 18 or older who have lived in the judicial district for a year. | 18 | 28 U.S.C. § 1865(b)(1)Federal, all states |
| Can serve in the U.S. House The Constitution sets 25 as the minimum age for the U.S. House of Representatives. | 25 | U.S. Const. art. I, § 2, cl. 2Federal, all states |
| Can serve as governor New Mexico's constitution requires the governor to be at least 30 years old. | 30 | N.M. Const. art. V, § 3 |
| Can serve in the U.S. Senate The Constitution sets 30 as the minimum age for the U.S. Senate. | 30 | U.S. Const. art. I, § 3, cl. 3Federal, all states |
| Can serve as President The Constitution sets 35 as the minimum age for President. | 35 | U.S. Const. art. II, § 1, cl. 5Federal, all states |
Criminal court
| Rule | Age | Law |
|---|---|---|
| Charged as an adult by default (juvenile court age ends) New Mexico tries people charged with a crime in adult court by default from age 18; younger defendants start in juvenile court.A juvenile court can transfer some younger defendants to adult court for serious offenses. | 18 | NMSA 1978, § 32A-1-4(C) |
Age-restricted purchases
| Rule | Age | Law |
|---|---|---|
| Can buy tobacco or vapes Federal law bars any retailer from selling cigarettes, vapes or other tobacco products to anyone under 21, in every state. | 21 | 21 U.S.C. § 387f(d)(5)Federal, all states |
| Can buy alcohol Federal highway funding law withholds funds from any state that lets anyone under 21 buy alcohol or possess it in public, so every state sets 21.Federal rules let states exempt possession (not purchase) for a religious purpose, with a parent, spouse or legal guardian 21 or older, for medical use, in private clubs, or in lawful employment (23 C.F.R. 1208.3). | 21 | 23 U.S.C. § 158(a)Federal, all states |
| Can buy a lottery ticket State law bars selling lottery tickets to, or buying them by, anyone under 18. | 18 | NMSA 1978, § 6-24-15 |
Money
| Rule | Age | Law |
|---|---|---|
| Under-21 credit card limits end (no cosigner or independent income needed) Under 21, a card issuer may open a credit card only with a cosigner or proof that you can repay on your own. | 21 | 15 U.S.C. § 1637(c)(8)Federal, all states |
Later life
| Rule | Age | Law |
|---|---|---|
| Can start Social Security retirement benefits (reduced) Social Security retirement benefits can start at 62, permanently reduced. | 62 | SSA, Retirement Benefits: Benefit reduction for early retirementFederal, all states |
| Eligible for Medicare by age Medicare hospital insurance by age begins at 65 for people entitled, or who would be entitled, to Social Security or Railroad Retirement benefits. | 65 | 42 U.S.C. § 426(a)Federal, all states |
| Full Social Security retirement age (born 1960 or later) Full Social Security retirement age is 67 for anyone born in 1960 or later. | 67 | SSA, Full Retirement and Age 62 Benefit By Year Of BirthFederal, all states |
| Can ask to be excused from jury service because of age From age 75, a person can ask to be excused from jury service because of age.The exemption is permanent on request. | 75 | NMSA 1978, § 38-5-2(B) |
| Retirement-account minimum withdrawals begin Required minimum distributions from traditional retirement accounts begin at 73 for people who turn 72 after 2022.Law change: Rises to 75 for people who turn 74 after December 31, 2032. | 73 | 26 U.S.C. § 401(a)(9)(C)(v)Federal, all states |
How New Mexico sets these ages
State law makes a person a legal adult, with full rights to contract and sue, at 18. Some rights arrive before that age and some after it, and several rules below give minors a path that needs a parent's consent or a court's approval.
For work, federal child-labor law does not excuse an employer from a New Mexico rule with a higher standard (29 U.S.C. § 218(a)), so the stricter rule applies to employers covered by both. A row without an age says why, for example: no permit is required, the law sets no minimum age, or the state has no rule of that kind.
The age of consent
The age of consent is not a milestone and is not part of this ladder. See age of consent laws by state for New Mexico's law and its legal context.
What this tool does not do
- It does not give legal advice or say whether a specific person may do something. Many rules have conditions (a parent present, a course passed, a court order) that the rule line names but the tool cannot check.
- It does not cover city or county rules (curfews, local tattoo or business ordinances) or private policies such as rental-car age minimums.
- It does not track pending bills. A rule changes on this page only after it is enacted and we confirm it at an official source.
- It does not show the age of consent. That is covered, with its legal context, on our age of consent page.
- It does not cover every age rule. Firearms, cannabis, casino gambling, the minimum age to adopt and curfews are not included.
Frequently Asked Questions
What is the age of majority in New Mexico?
State law makes a person a legal adult, with full rights to contract and sue, at 18. (NMSA 1978, § 28-6-1(A))
How old do you have to be to get a learner's permit in New Mexico?
New Mexico issues an instruction permit at 15 to teens in driver education that includes a DWI component. (NMSA 1978 § 66-5-8(E); NM MVD manual ch. 3)
How old do you have to be to drive alone in New Mexico?
A provisional license for driving alone is available at 15 and 6 months after six months with a permit. Thirty days are added for each traffic violation while on the permit; 50 hours of supervised driving, 10 at night. (NMSA 1978 § 66-5-8; NM MVD manual ch. 4)
How old do you have to be to work in New Mexico?
New Mexico bars children under 14 from any gainful occupation unless the Child Labor Act allows it. Exceptions include child performers and work for a parent. (NMSA 1978, § 50-6-1)
Do minors need a work permit in New Mexico?
New Mexico ordinarily requires a work permit, issued by a school official or the state labor division, to employ children under 16. (NMSA 1978, § 50-6-2; 11.1.4.9(A) NMAC)
How old do you have to be to get a tattoo in New Mexico?
From 18, a person can be tattooed without a parent's consent. With a parent's consent, state law sets no minimum age. A state rule requires written proof that a parent or guardian was present and consented; the Body Art Safe Practices Act itself sets no age. (NMSA 1978, § 28-6-1(A) (age of majority); 16.36.5.9(C)(7) NMAC; NMSA 1978, §§ 61-17B-1 to -18)
How old do you have to be to get married in New Mexico?
A person can marry without a parent's or court's consent at 18. The marriage statute sets exceptions only below the age of majority. With a parent's consent, the lowest age to marry is 16. (NMSA 1978, § 28-6-1(A) (age of majority; the marriage statute states only the under-majority exceptions); NMSA 1978 40-1-6(A),(B) (enacted by 2013 SB 299, section 4))
At what age can you leave school in New Mexico?
New Mexico's compulsory attendance requirement lasts until at least the 18th birthday unless the student graduates. Between 16 and 18, a parent may give written permission to leave school for a hardship approved by the superintendent. (NMSA 1978 § 22-12A-4(A))
How old do you have to be to buy a lottery ticket in New Mexico?
State law bars selling lottery tickets to, or buying them by, anyone under 18. (NMSA 1978, § 6-24-15)
Sources
- NMSA 1978, § 1-4-2
- N.M. Const. art. V, § 3
- NMSA 1978, § 28-6-1(A)
- NMSA 1978, § 32A-21-4
- NMSA 45-2-501
- NMSA 1978, § 38-5-1(A)
- NMSA 1978, § 38-5-2(B)
- NMSA 1978 40-1-6(A),(B) (enacted by 2013 SB 299, section 4)
- NMSA 1978, § 66-7-369(B)(1)
- NMSA 1978 24-14-17
- NMSA 1978 § 66-5-8(E); NM MVD manual ch. 3
- NMSA 1978 § 66-5-8; NM MVD manual ch. 4
- NMSA 1978, § 6-24-15
- NMSA 1978, § 32A-1-4(C)
- NMSA 1978 § 22-1-2 ("school-age person")
- NMSA 1978 § 22-12A-4(A)
- 16.36.5.9(C)(7) NMAC; NMSA 1978, §§ 61-17B-1 to -18
- NMSA 1978, § 50-6-1
- NMSA 1978, § 50-6-2; 11.1.4.9(A) NMAC
- U.S. Const. amend. XXVI, § 1
- 23 U.S.C. § 158(a)
- 21 U.S.C. § 387f(d)(5)
- 28 U.S.C. § 1865(b)(1)
- 50 U.S.C. § 3802(a)
- 15 U.S.C. § 1637(c)(8)
- 49 C.F.R. § 391.11(b)(1)
- 29 CFR 570.2(a)(1)
- U.S. Const. art. I, § 2, cl. 2
- U.S. Const. art. II, § 1, cl. 5
- SSA, Retirement Benefits: Benefit reduction for early retirement
- 42 U.S.C. § 426(a)
- 26 U.S.C. § 401(a)(9)(C)(v)
Sources checked on October 21, 2026.
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