Upon the motion of any party or upon the court's own motion, the court may appoint a guardian ad litem for the adoptee or for any person found to be incompetent or a child who is a party to the proceeding. In any contested proceeding, the court shall appoint a guardian ad litem for the adoptee. The court may appoint the child's attorney appointed pursuant to the Abuse and Neglect Act if the child is fourteen years of age or older and in the custody of the department.

History: 1978 Comp., § 32A-5-33, enacted by Laws 1993, ch. 77, § 160; 2009, ch. 239, § 56.

The 2009 amendment, effective July 1, 2009, in the first sentence, after "adoptee or for any", added "person found to be" and added the last sentence.

Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.

Payment of attorneys fees. — New Mexico Supreme Court has promulgated an order adopting guidelines for the payment of attorney fees for counsel appointed by the court. See Supreme Court, Miscellaneous Order No. 8000, filed November 17, 1987. This order generally governs the method of payment of attorneys appointed to serve as a guardian ad litem in adoption proceedings and authorizes payment of their fees from funds appropriated to the administrative office of the courts. In re Adoption of Stailey, 1994-NMCA-015, 117 N.M. 199, 870 P.2d 161.