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An Alabama man has sued an abortion clinic for wrongful death on behalf of himself and his unborn child for terminating his girlfriend’s pregnancy against his wishes.

A probate judge signed off on allowing the man to represent the estate of the deceased fetus, referred to the baby as “Baby Roe,” effectively recognizing the unborn child as a human being with legal rights — which the plaintiff’s attorney says is a first in the U.S.

According to the suit, plaintiff Ryan Magers’ former girlfriend discovered she was pregnant with Baby Roe in early 2017 and decided to have the child aborted.

When Magers found out, he pleaded with the mother to not terminate the pregnancy. Despite his wishes, she sought the services of the Alabama Women’s Center for Reproductive Alternatives, which supplied her with a pill that induced the death of the six-week-old fetus.

Magers filed a letter of petition seeking to represent the estate of Baby Roe as the child’s purported father, WHNT-TV reported. Probate Judge Frank Barger signed off on the letter, recognizing the rights of a fetus as a person in a significant legal move by the court.

Attorney Brent Helms, who represents Magers and Baby Roe, told WAAY-TV of the decision, “We have already had a victory, and it was the first of its kind, ever. This is the first estate that I’m aware of that has ever been opened for an aborted baby.”

Magers is now suing the clinic, three unnamed agents, and the unknown pharmaceutical company that produced the abortion-inducing medication for wrongful death on behalf of himself and his unborn child. He is seeking a jury trial in the case.

“I’m here for the men who actually want to have their baby,” the would-be father told WAAY. “I believe every child from conception is a baby and deserves to live.”

Judge Barger’s approval for Magers to sue on behalf of his unborn child has sparked outcry from abortion advocates and praise from abortion opponents.

NARAL Pro-Choice America President Ilyse Hogue called the case “very scary,” saying it is “asserting woman’s rights third in line.”

Hannah Ford — a spokeswoman for pro-life group Personhood Alabama who is assisting the plaintiff — said in a statement that Baby Roe “was cruelly robbed of life and silenced before entering the world or being able to personally voice complaint in court,” The Washington Post reported.

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  1. Sherry Meyer

    March 9, 2019 at 7:58 am

    Wonderful news. It;s about time someone stood up for the baby’s life and the father’s rights. Even if the mother and father do not want to keep the child there are many people yearning to adopt and child. There are plenty of alternatives to prevent pregnancy and killing the fetus is punishing the baby for YOUR laziness and mistakes. I hope this case goes to the Supreme Court and wins.

  2. Guy

    March 9, 2019 at 9:37 am

    I wish I had done what he is doing. There are men who want to be a father and to have their child removed against their wishes is selfish and cruel. I couldn’t continue with the relationship.

  3. Sharon L

    March 9, 2019 at 11:23 am

    It is about time that the father is included! I hope he wins his lawsuit! It should not just be the girl’s decision! I am against abortion at any stage but especially when the fetus can feel pain. The father’s need to be involved in the decision too. I volunteer at an abortion alternative clinic that tries to involve the whole family in all decisions.

  4. Michigander

    March 9, 2019 at 12:36 pm

    Proud of this young man. Men deserve rights too. When a woman gets pregnant, it isn’t just her body anymore. It’s being shared. I hope this is a victory for all men who want their babies.

  5. Toni

    March 9, 2019 at 1:20 pm

    Abortion is not really about a womans choice. These pro choice advocates do not really care about the woman nor the baby. It is about control.Abortions are wrong and they need to stop.

  6. Barb

    March 9, 2019 at 8:15 pm

    Well it’s about time a real man stepped up to the plate!!!! Thank you for taking one for your team!!! I am so sick of hearing “it’s a woman’s body” ect… Real men stand up for their child. You have sex, there is always a chance that a human life will result, that’s middle school health 101. Thank you sir!!

  7. janice alderson

    March 10, 2019 at 11:19 am

    Thank you thank you for standing up for your rights and GODS well, to save these baby’s.

  8. Linda Abernathy

    March 18, 2019 at 7:45 am

    Wondering where all the outrage from men would finally come forward on this! They should have a say in the life of his child. Men have rights too!

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