B. Mandatory appointment of guardian ad litem: A guardian ad litem shall be appointed for an adoptee when:

(1) an adoptee is being relinquished to the department and the relinquishment is not being taken in an abuse and neglect proceeding or in contemplation of an adoption;

(2) the adoption is contested; or

(3) it is an open adoption and it is contemplated that there will be visitation between the biological family and the adoptee.

C. Discretionary appointment of guardian ad litem: The court may appoint a guardian ad litem for the adoptee at any time in any adoption proceeding upon the motion of any party or upon the court’s own motion.

[01/01/98; Recompiled 11/30/01]