(a) In making adoption arrangements, potential adoptive parents and biological parents may obtain counsel to provide legal advice and assistance. (b) When required by this chapter, the court may appoint a guardian ad litem for the adoptee, any mentally incapacitated person, or a minor. In cases in which a guardian ad litem is not required by this chapter, upon a motion of a party or on its own motion, the court may appoint a guardian ad litem for good cause shown. (c) The fees of the guardian ad litem shall be assessed by the court and taxed as costs upon the conclusion of services provided by the guardian ad litem; provided, however, that in contested cases under Section 26-10E-23, the court shall assess and award the guardian ad litem a fee at the time of appointment based on the reasonable amount of fees expected to be incurred. The fees shall be payable by the contestant and the petitioner proportionately as determined by the court, subject to the authority of the court to revise the amount or proportionate responsibility for the fees upon entry of the final judgment adjudicating the contest. (d) The court shall have the power to enforce any award of fees to the guardian ad litem through contempt or other enforcement proceedings.
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