Assisting Minors Seeking Abortions in Judicial Bypass Proceedings: A Guardian ad Litem Is No Substitute for an Attorney
Since the 1973 decision in Roe v. Wade,' minors have been particularly affected by the efforts of pro-life activists and state legislatures who have curtailed abortion rights by lobbying for and passing legislation that restricts reproductive freedom. Forty-three states have enacted laws requiring a minor either to obtain consent from or to notify one or both parents before undergoing an abortion, and thirty-three of these statutes are currently enforceable. The Supreme Court has recognized the right of parents to be involved in a child's upbringing and the prerogative of the state to limit a minor's freedom to make major life choices due to a minor's lack of experience or judgment. The Court, however, has held that the Fourteenth Amendment protects minors and adults alike and that a minor has the right to choose whether or not to terminate her pregnancy, subject to certain limitations imposed by the state. The Supreme Court has held that if a state requires a minor to consult with a parent before deciding to terminate her pregnancy, the state must offer the minor a judicial bypass option if she chooses not to involve a parent. The Court reasoned that, in order to protect a minor's right to choose, the state cannot allow parents an ab- solute veto over a minor's decision if she is mature enough to make the decision on her own or if she can demonstrate to a court that an abortion would be in her best interests." While the Supreme Court has not ruled whether a minor has a right to counsel in civil proceedings, child advocates argue that the appointment of counsel for minors in civil proceedings is necessary to ensure effective legal representation and adequate protection of a minor's interests. In states that mandate appointment of independent counsel on behalf of a minor in a civil proceeding, a juvenile court may appoint an attorney or a guardian ad litem to represent the minor. In addition to judicial bypass proceedings, a guardian ad litem may be appointed to represent a minor in proceedings involving child ...