Right to counsel

Mich. Comp. Laws § 722.904(2)(e) addresses the minor’s right to counsel in seeking a judicial waiver of the parental consent requirement to have an abortion, as it states that “[u]pon request of the minor, the probate court shall appoint an attorney or guardian ad litem within 24 hours to represent the minor in proceedings under this section” (emphasis added). While the statute permits the appointment of either a GAL or an attorney, the court rule requires an attorney to be appointed:

At the request of the minor or next friend before or after filing the petition, the court shall immediately appoint an attorney to represent the minor. The request shall be in writing in substantially the form approved by the state court administrator. Except for good cause stated on the record, the court shall appoint an attorney selected by the minor if the minor has secured the attorney’s agreement to represent her or the attorney has previously indicated to the court a willingness to be appointed.

MCR 3.615(F). On appeal of denial of a waiver of parental consent to a minor’s abortion, the court must appoint an attorney for the minor. Mich. Ct. R. 3.615(K).

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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.