Right to counsel

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Legislation, Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

A court must appoint counsel upon request for minors seeking to bypass the parental consent requirement for an abortion under Ariz. Rev. Stat. Ann. § 36-2152(D):


The pregnant minor may participate in the court proceedings on her own behalf. The court shall appoint a guardian ad litem for her. The court shall advise her that she has the right to court-appointed counsel and, on her request, shall provide her with counsel unless she appears through private counsel or she knowingly and intelligently waives her right to counsel.


One federal court has held that the requirement in Arizona that the minor request counsel does not meet the requirements for bypass procedures established by the U.S. Supreme Court. Planned Parenthood of S. Arizona and its Corporate Chapter, Arizona Women's Clinic, Inc. v. Neely, 804 F.Supp. 1210, 1217 (D. Ariz. 1992).




Note: Since the U.S. Supreme Court decision's in Dobbs v. Jackson Women's Health Organization, 142 S.Ct. 2228 (2022), the laws governing abortion are complicated and rapidly changing.  This major development may not be current since Dobbs.  For up-to-date information about the status of abortion by state, please see Center for Reproductive Rights, After Roe Fell: Abortion Laws by State.

Appointment of Counsel: categorical Qualified: no