N.M. Admin. Code § 8.26.3.34

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.26.3.34 - APPOINTMENT OF GUARDIAN AD LITEM FOR ADOPTEE

A. See Sections 32A-5-24, 32A-5-33 and 32A-5-35 NMSA 1978.

B. Mandatory appointment of guardian ad litem: A guardian ad litem shall be appointed for an adoptee when:

(1) an adoptee is being relinquished to the department and the relinquishment is not being taken in an abuse and neglect proceeding or in contemplation of an adoption;

(2) the adoption is contested; or

(3) it is an open adoption and it is contemplated that there will be visitation between the biological family and the adoptee.

C. Discretionary appointment of guardian ad litem: The court may appoint a guardian ad litem for the adoptee at any time in any adoption proceeding upon the motion of any party or upon the court's own motion.

N.M. Admin. Code § 8.26.3.34

01/01/98; Recompiled 11/30/01