Right to a guardian ad litem
Under the Uniform Parentage Act, a “minor or incapacitated child” whose parentage is the subject of the parentage petition is a permissible party, but not a necessary party, to the proceeding. See Ala. Code § 26-17-612 (Child as party; representation). But where the child is named as a party, the court must appoint a GAL. Id.
If the child is not named as a party, the court has discretion to appoint a GAL if “the court finds that the interests of the child are not adequately represented.” Id. The Uniform Parentage Act does not provide a definition of “guardian ad litem,” so it is not clear from the statute whether the GAL must be an attorney. See Ala. Code § 26-17-102.
However, Ala. R. Civ. P. 17(d) may apply, in which case the GAL would presumably be a licensed attorney: “Whenever a guardian ad litem shall be necessary, the court in which the action is pending shall appoint to serve in that capacity some person who is qualified to represent the minor or incompetent person in the capacity of an attorney or solicitor…” (emphasis added).
