Section 453.025

Title XXX DOMESTIC RELATIONS

Chapter 453

Effective - 28 Aug 2004   

  453.025.  Appointment of guardian ad litem, when — fee — duties of guardian ad litem. — 1.  The court shall, in all cases where the person sought to be adopted is under eighteen years of age, appoint a guardian ad litem, if not previously appointed pursuant to section 210.160, to represent the person sought to be adopted.

  2.  When the parent is a minor or incompetent, the court shall appoint a guardian ad litem to represent such parent.

  3.  The guardian ad litem may be awarded a reasonable fee for such services to be set by the court.  The court, in its discretion, may award such fees as a judgment to be paid by any party to the proceedings or from public funds.  Such an award of guardian fees shall constitute a final judgment in favor of the guardian ad litem.  Such final judgment shall be enforceable against the parties in accordance with chapter 513.

  4.  The guardian ad litem shall:

  (1)  Be the legal advocate for the best interest of the party he is appointed to represent with the power and authority to cross-examine, subpoena witnesses, and offer testimony;

  (2)  Initiate an appeal of any disposition that he determines to be adverse to the interests of the party he represents; and

  (3)  Ascertain the child's wishes, feelings and attitudes regarding the adoption by interviewing persons with knowledge of the child, and if appropriate, to meet with the child.

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(L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343, A.L. 1998 S.B. 674, A.L. 2004 H.B. 1453)