Right to counsel

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Legislation, Bypass of Parental Input into Abortion - Minor

A minor must be provided counsel upon request in proceedings to waive parental notification of an abortion. 750 Ill. Comp. Stat. § 70/25(b).

 

Prior to the existence of this statutory right to counsel, a federal appellate court had found that the absence of a right to counsel made the bypass process constitutionally defective under the U.S. Supreme Court's decision in Bellotti v. Baird, 428 U.S. 132 (1976), which governed the constitutionality of judicial bypass procedures. Wynn v. Carey, 582 F.2d 1375, 1389 (7th Cir. 1978)

Cite: 750 Ill. Comp. Stat. ยง 70/25(b)

Appointment of Counsel: categorical Qualified: no