Right to counsel

Key_development Question_mark

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

South Carolina provides minors the right to an attorney in seeking a judicial bypass of the parental consent for abortion. Id. § 44-41-32(3) (On petition by a minor for access to an abortion without parental consent, "the court shall appoint a guardian ad litem for the minor, taking into consideration the preference of the minor. The minor may participate in court proceedings on her own behalf, but the court shall advise her that she has a right to court- appointed counsel and shall provide her with counsel upon her request.").




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