Minn. R. Adop. P. 24.01
As amended through July 3, 2024
Subd. 1. Generally. A guardian ad litem appointed to serve in a juvenile protection matter, as defined in Rule 2.01(16) of the Minnesota Rules of Juvenile Protection Procedure, shall continue to serve in the adoption matter following atransfer of guardianship to the commissioner of human services. In any other adoption matter, the court may appoint a guardian ad litem. The guardian ad litem shall advocate for the best interests of the child and shall continue to serve until the adoption decree is entered pursuant to Rule 45.
Subd. 2. Guardian Ad Litem Not Also Attorney for Child. Counsel for the child shall not also serve as the child's guardian ad litem or as legal counsel for the guardian ad litem.
Minn. R. Adop. P. 24.01
Rule 24.01, subd. 1, is consistent with Minn. Stat. § 259.65, which provides: "In any adoption proceeding, the court may appoint an attorney or a guardian ad litem, or both, for the person being adopted."
Rule 24.01 is intended to reflect the clear legislative mandate that the guardian ad litem in a juvenile protection matter shall continue to serve until the adoption decree is entered. See Minn. Stat. § 260C.317, subd. 3(b), and Rule 26.03 of the Minnesota Rules of Juvenile Protection Procedure. It is preferable that the same individual serve continuously as the child's guardian ad litem for both the juvenile protection matter and the adoption matter. However, if that is not practicable, the guardian ad litem program shall assign another individual to serve as the child's guardian ad litem in the adoption matter following the termination of parental rights in the juvenile protection matter. Upon the assignment of a new individual to serve as guardian ad litem, the court shall issue a new appointment order. .