Rule 9.300 Appointment of Guardians in Adoptions

When someone files a petition to adopt a child, the court usually needs to name a guardian for that child while the adoption case is still going on. This guardian looks after the child until the court makes a final decision or issues another order.

The person adopting the child (or another suitable person) can serve as this temporary guardian. Before this can happen, the required consent to the adoption must already be on file with the court. The adopting parent's attorney is responsible for writing up the legal paperwork, called a limited judgment, that officially appoints the guardian.

This rule does not apply in every adoption case. If the person or agency filing the adoption petition is already the child's legal or natural guardian, this extra step is not needed. This might happen, for example, when a state agency or private adoption agency already has legal custody of the child before the adoption petition is filed.