Guardian Ad Litem
South Carolina law provides that, "[b]efore any hearing is held on the adoption or any matter related to the adoption, the court shall appoint a guardain ad litem for the [child being adopted], and the [child being adopted] must be served with a copy of the pleading. However, if the [child being adopted] is fourteen years of age or younger, the child may be served by service upon his guardian ad litem or other person with whom he resides."
The guardian ad litem, generally an attorney in an adoption action, is appointed by the court to make a recommendation to the court concerning whether or not the child should be adopted. The guardian ad litem performs a thorough investigation to included reviewing the adoptive parents' file; interviewing the adoptive parents, the child, and any other person the guardian ad litem deems necessary to interview; and any other investigation the guardian ad litem may deem necessary. This investigation helps him make his recommendation.
The standard the guardian ad litem uses in adoption cases is the best interest of the child standard. After the guardian ad litem has finished his investigation, he will generally reports his finding to the adoptive parents' attorney. If all is well, the adoptive parents' attorney will request a final hearing. If the guardian ad litem has concerns, the adoptive parents' attorney will work with the adoptive parents and the guardian ad litem to address the concerns.
If the adoptive parents have a positive home study and if the adoption is not contested, the guardian ad litem generally does not have any concerns. Of course, you need to remember that the guardian ad litem represents the child. Through his investigation he is trying to determine if the adoptive parents adopting the child is in the child's best interest; he will make his recommendation to the court accordingly.
