Right to counsel

In adoption cases, N.M. Stat § 32A-5-33 states in part, “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 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 pursuant to the Abuse and Neglect Act if the child is fourteen years of age or older and in the custody of the department.”  However, § 32A-5-16(F) provides that “The court shall appoint a guardian ad litem for the child in all contested proceedings for termination of parental rights. If the child is fourteen years of age or older and in the custody of the department, the child’s attorney appointed pursuant to the Abuse and Neglect Act [32A-4-1 NMSA 1978] shall represent the child in any proceedings for termination of parental rights under this section” (emphasis added).