New Mexico § 12-2-4 - Determination of death

Full text of New Mexico New Mexico Statutes Annotated § 12-2-4 — Determination of death, with citation guidance and answers to common questions.

§ 12-2-4. Determination of death

A. For all medical, legal and statutory purposes, death occurs when an individual

has sustained either: (1) irreversible cessation of circulatory or respiratory functions; or (2) irreversible cessation of all functions of the entire brain, including the brain

stem. B. A determination of death shall be made in accordance with accepted medical standards. C. Death is to be pronounced pursuant to the provisions of Subsection A of this section

before artificial means of supporting circulatory or respiratory functions are terminated

and before any vital organ is removed for purposes of transplantation, therapy, research

or education in compliance with the provisions of the Jonathan Spradling Revised Uniform

Anatomical Gift Act. D. The definition of death set forth in Subsection A of this section is to be utilized

for all purposes in this state, including civil and criminal actions, notwithstanding

any other law to the contrary.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 12-2-4

What does New Mexico Statutes Annotated § 12-2-4 cover?

Section 12-2-4 ("Determination of death") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Mexico § 12-2-4?

A common citation format is "New Mexico Statutes Annotated § 12-2-4" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Mexico law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.

How does New Mexico § 12-2-4 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.