When serving process on an infant, which individuals must be served?

• A. Parent
• B. All of the above
• C. Guardian
• D. A married adult spouse of ∆

Answer: (B)

When you serve process on a minor, you have to make sure the notice actually reaches someone who can represent or look out for the child’s interests and also reaches the defendant. The infant is the target of the suit, so the infant themselves must be served, but the law also requires delivering notice to someone who has legal responsibility for the child—typically the parent or guardian. If a guardian ad litem has been appointed, that person should be served too. In many jurisdictions, when the defendant is a married adult and the action concerns the defendant, serving the spouse at the same time is also allowed or required to ensure the defendant learns of the suit. Because these multiple recipients can be necessary to give proper notice in a case involving an infant, the best answer is that all of these people may need to be served.