STATE OF SOUTH CAROLINA   COUNTY OF   MARY B. DOE and JOHN B. DOE,                                           Petitioners,                                 vs.                        BABY () ROE, a      minor under age of       fourteen (14) years,                                 Respondent.

IN THE FAMILY COURT     FOR THE      JUDICIAL CIRCUIT       CASE NO.         ORDER APPOINTING     GUARDIAN AD LITEM     FOR MINOR RESPONDENT

 

 

     This matter came before the court on month day year, pursuant to Notice and Petition filed on behalf of the Petitioners dated ______. The petitioners personally appeared with their attorney, __________________, Esquire, of the law firm of ________________.

     The petitioners have filed a Petition for Adoption which seeks adoption of the minor Respondent and termination of the parental rights of the biological parents of said child, and they are now before the Court seeking an Order naming a Guardian ad Litem for the minor child to protect the child's interests during the pendency of this action.

    I have reviewed the verified Petition of the Petitioners and the Notice filed on behalf of the Petitioners dated _______, the Preplacement Investigative Report, the Preplacement Background Report, and the Consent/Relinquishment for Adoption that have been signed by the biological parents of the minor child, and I find as follows:

     1.  Petitioners are residents of ______________,  and they have been so for more than three (3) months prior to the commencement of this action.

    2.  The infant Respondent above named is under the age of fourteen (14) years, having been born on ____________  at ______ ,_________________.

    3.  Petitioners obtained custody of the minor child on________, and their Petition for Adoption was filed within thirty (30) days from the date that they obtained custody of the minor child.  The Petition was filed ____________ on ________________, and the minor child was in the State of South Carolina at the time of  the filing of said Petition for Adoption.

    4.  Pursuant to section 20-7-1732, South Carolina Code of Laws, 1976, as amended; Rule 13 of the Family Court Rules; and Rule 17(d) (3) of the South Carolina Rules of Civil Procedure, it is necessary for a Guardian ad Litem to be appointed for the minor Respondent before any hearings can be held regarding the relief sought by Petitioners in their Petition, which seeks adoption of the minor Respondent and termination of the parental right of the biological parents of said child.

   5.  That should be appointed as Guardian ad Litem for the minor Respondent to protect the minor Respondent's interests during the pendency of this action. I find that the proposed Guardian ad Litem is fully competent to understand and protect the rights of the minor Respondent; that the proposed Guardian ad Litem is not connected or associated with the attorney or council for any adverse party; and, that said proposed Guardian ad Litem is not attorney for any adverse party.

   6.  I find that the proposed Guardian ad Litem is an attorney at law duly licensed to practice in the State of South Carolina.  I find that pursuant to rule 17 (d)(2) of the South Carolina Rules of Civil Procedure and Rule 4 of the Family Court Rules, that this Court should dispense with the requirement of the appointment of an additional attorney to represent the Guardian ad Litem and should allow the Guardian ad Litem to also serve in the capacity as attorney for the minor Respondent. I find that it is appropriate under these circumstances to allow the proposed Guardian ad Litem to serve both as Guardian ad Litem and attorney.

     NOW, THEREFORE, based upon the foregoing, it is ORDERED that  be, and is hereby appointed as Guardian ad Litem for the minor Respondent, , to protect said minor child's interests in regard to the above-captioned matter during the pendency of this action.

    IT IS FURTHER ORDERED that any requirement of the appointment of additional counsel for said Guardian ad Litem be dispensed with and that the above appointed Guardian ad Litem is hereby authorized and allowed to serve in the additional capacity as attorney for the minor Respondent

   AND IT IS SO ORDERED

 

 

 

 

                                     ___________________________

                                     JUDGE, FAMILY COURT FOR THE

                                     ____  JUDICIAL CIRCUIT

 

__________________, South Carolina

Dated: