Understanding the Role of Guardians ad Litem in Tennessee Adoption Proceedings
Adopting a child is a life-changing experience, filled with excitement, hope, and, sometimes, legal complexity. If the child you plan to adopt is involved in a court case—such as a dependency and neglect proceeding, custody battle, or a termination of parental rights (TPR) matter—you may encounter a court-appointed Guardian ad Litem (GAL).
This article breaks down what a GAL is, when one might be involved in your case, and how to work with them effectively as you move forward with your adoption journey in Tennessee.
What Is a Guardian ad Litem?
A Guardian ad Litem is a specially trained attorney appointed by the court to represent the best interest of a child in legal proceedings (especially when dealing with child custody). Tennessee Supreme Court Rule 40A. In Tennessee, Guardians ad Litem are commonly used in cases involving abuse, neglect, or contested custody and adoption.
Unlike a traditional attorney, a GAL does not represent the child’s personal wishes (though those are considered); rather, they make independent recommendations to the court based on what they believe is best for the child. In fact, the State of Tennessee has specific instructions for GALs when conducting their investigation:
"A guardian ad litem shall conduct an investigation to the extent that the guardian ad litem considers necessary to determine the best interests of the child, which can include, but is not limited to, to ascertaining:
(i) the child's emotional needs, such as nurturance, trust, affection, security, achievement, and encouragement;
(ii) the child's social needs;
(iii) the child's educational needs;
(iv) the child's vulnerability and dependence upon others;
(v) the child's need for stability of placement;
(vi) the child's age and developmental level, including his or her sense of time;
(vii) the general preference of a child to live with known people, to continue normal activities, and to avoid moving;
(viii) the love, affection and emotional ties existing between the child and the parents;
(ix) the importance of continuity in the child's life;
(x) the home, school and community record of the child;
(xi) the willingness and ability of the proposed or potential caretakers to facilitate and encourage close and continuing relationships between the child and other persons in the child's life with whom the child has or desires to have a positive relationship, including siblings; and
(xii) the list of factors set forth in Tenn. Code Ann. § 36-6-106."
All of these factors will influence the GAL's opinion. Knowing that, you can make sure you demonstrate how positive an influence your relationship with the adoptee is.
When Is a GAL Appointed in Adoption Cases?
The court may appoint a guardian ad litem when the court finds that the child′s best interests are not adequately protected by the parties and that separate representation of the child′s best interests is necessary. Such an appointment may be made at any stage of the proceeding. Tennessee Supreme Court Rule 40A They are commonly appointed in the following situations:
The child is the subject of a dependency and neglect case.
Parental rights of a biological parent are being terminated.
A biological parent contests an adoption.
The court needs an independent opinion on what serves the child’s best interests.
The GAL serves as a neutral party with regard to parents, foster parents, adoptive parents, etc., and instead are focused solely on the child’s well-being. That being said, calling them a neutral party is almost a misnomer, because they are expected to be fierce advocates for the child.
What Does a Guardian ad Litem Do?
Guardians ad Litem conduct a thorough investigation and report back to the court. Their work typically includes:
Interviewing the child (if age-appropriate)
Explaining (in an age-appropriate manner) the nature of the legal proceedings
Speaking with adoptive and biological parents
Reviewing medical, school, and court records
Visiting home environments
Attending hearings and making formal recommendations
Under Rule 40A, the GAL must also communicate the child’s preferences to the court, especially if the child is age 12 or older.
How the GAL Can Affect Your Adoption
A GAL’s recommendations can significantly influence a judge’s decision. A favorable GAL report often strengthens your adoption case. However, if the GAL raises concerns, the court will take those seriously.
Here’s the good news: GALs are trained to be objective. If you provide a safe, loving, and stable home environment, the GAL will likely support your efforts, unless there is some reason outside of your control that would tip their opinion in favor or removing the child from your care.
Tips for Working with a Guardian ad Litem
Want to make a great impression? Follow these simple best practices:
Respond promptly. Answer emails and return calls quickly.
Be transparent. Don’t withhold information, even if it’s difficult.
Stay focused on the child. Show that you're prepared to meet their needs.
Create a welcoming environment. Your home should feel safe and nurturing.
Final Thoughts
Adopting a child who is part of a Tennessee court case can be challenging, but you’re not alone. If a Guardian ad Litem is appointed, understanding their role and cooperating fully can help move your case in the right direction.
The GAL is there to protect the child’s interests—and that mission aligns with your own.
Ready to Take the Next Step?
If you have questions about your adoption case or need guidance navigating the legal process, we're here to help. At Otten Law, we support families across Tennessee with compassion and clarity.
📞 Call us today at (865) 564-6321
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