Right to counsel

Key_development Question_mark

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

One statute used to confer the right to counsel if requested by a minor seeking a waiver of parental notification for an abortion. N.J. Stat. Ann. § 9:17A-1.7(b) ("[t]he court shall ... advise her that she has a right to court appointed counsel, and shall, upon her request, provide her with such counsel.")  The Parental Notification for Abortion Act, however, has since been held unconstitutional, negating the need to obtain a waiver (and therefore, the need for counsel). See Planned Parenthood of Central New Jersey v. Farmer, 762 A.2d 620 (N.J. 2000).




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: yes