Right to counsel

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

A court must appoint counsel upon request for a minor who seeks to judicially bypass the parental consent requirement for an abortion. Fla. Stat. § 390.01114(6)(a).

The Florida Supreme Court has also held that it is inappropriate to appoint counsel for the unborn fetus. In re T.W., 551 So.2d 1186 (Fla. 1989).

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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: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.