What is a Guardian ad Litem?

A Guardian ad Litem (GAL) is an attorney that the court appoints to represent the interests of a person, usually a minor. There are many different types of cases in which a GAL might be appointed. Some of these might include termination of parental rights, juvenile cases, cases dealing with guardianship or conservatorship, and adoption.

Specifically, with an adoption, Ala. Code § 26-10E-21, states that the court may appoint a GAL for the adoptee. Even if it is not required, either party or the court can file a motion to have a GAL appointed. If there is good cause shown, there will be one appointed.

Required Appointment

The Adoption Code requires appointment of a GAL when there is a minor parent who is expressly consenting to an adoption. Ala. Code § 26-10E-8 requires a GAL to be appointed to represent the interest of the minor parent. This statute goes on to say that a minor 14 years or older may nominate the GAL before or after the birth of the child. The Adoption Code also requires the Court to appoint a GAL when the parent of the adoptee is incompetent or incapacitated according to the law. See Ala. Code § 26-10E-10.

Alabama Adoption Code also requires a GAL to represent the interests of the adoptee when there is a contested hearing. See Ala. Code § 26-10E-23(b). Also, in a contested hearing, the Court is required to appoint a GAL where a contestant has a developmental disability or who is a minor.

Open to Inspection

Additionally, Ala. Code § 26-10E-30 requires the Court to open the records in the adoption proceedings to inspection by the GAL who is appointed for the adoptee.

Overall, in an adoption, there are specific times where a GAL is required to represent the child. Other times it is allowed but not mandated. During most adoptions, a GAL will be appointed by the Court to help be a safeguard for the adoptee and to make sure their interests are being represented and heard.

Analogously Ala. Code § 12-15-304 sets forth the duties of a GAL in dependency and termination of parental rights cases. This includes meeting with the child before the hearings and when emergencies or significant events occur. A GAL is also expected to explain the process of the court before, during, and after the hearing to the child in terms they can understand. While this is not the same as adoption proceedings, it is helpful to see what is expected from a GAL.

Vital Importance

The role of a GAL is vitally important to the process of an adoption. Children are legally incompetent in the eyes of the state and cannot take care of themselves. With this, a GAL’s role is to tell the court what the best interest of the adoptee is, not what the adoptee necessarily wants.

A GAL is appointed by the Court to help protect those that cannot advocated for themselves legally. It is another precaution to help protect an adoptee and incapacitated birth parent. The purpose is to make sure that the interest of the adoptee or the incapacitated birth parent is being guarded. A GAL’s role is necessary and comes with a lot of responsibility. A responsibility that is vital to understand when looking into adoption.