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We hold that in a paternity action under the Uniform Parentage Act, a nonattorney mother cannot represent her minor son as guardian ad litem in propria persona, even though she cannot afford counsel and her son is a necessary party to the proceeding. We reach this conclusion because in California, as in other jurisdictions, absent specific statutory authorization, a nonattorney who represents another person in court proceedings violates the prohibition against unauthorized practice of law. The result is that the mother in this case, a party in her own right, may represent herself and may serve as guardian ad litem for her minor child, but she may not function as his attorney. We also consider how legal representation may be afforded to the minor.

Petitioners seek a writ of mandate commanding the respondent superior court to appoint the mother as the minor’s guardian ad litem for the purpose of maintaining a propria persona paternity action on behalf of the minor. We shall deny the petition.

Factual and Procedural Summary

Petitioners, a mother and her minor son, wish to initiate an action to establish paternity, as well as for support, custody and visitation…