Right to counsel

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

A statute specifies that in a hearing for a minor seeking waiver of parental consent to obtain an abortion, “The court shall advise her that she has a right to be represented by an attorney and that if she is unable to pay for the services of an attorney one will be appointed for her.” Ala. Code § 26-21-4(b).  The role of the attorney is that of an attorney ad litem. Ex parte Anonymous, 531 So. 2d 901, 905 (Ala. 1988) (holding that “the attorney to be appointed under the parental consent act is to be a guardian ad litem …”).

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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: Yes
? 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.