Right to counsel

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

R.C. § 2151.85(B)(2) states that in judicial proceedings for minors seeking a waiver of the parental consent requirement for abortion, "[i]f the complainant has not retained an attorney, the court shall appoint an attorney to represent her."  The same statute also requires appointment of a GAL for the minor, and adds that "[i]f the guardian ad litem is an attorney admitted to the practice of law in this state, the court also may appoint him to serve as the complainant's attorney." 


Notably, R.C. § 2151.85 was held wholly unconstitutional by a trial-level court for reasons related to the notice provisions. In re Doe, 57 Ohio Misc. 2d 20 (C.P. 1990).




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