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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.”
Breaking: Alabama allows a suit from man AND fetus against abortion clinic where his girlfriend terminated her pregnancy. First under Alabama's new personhood law, asserting woman's rights third in line. Very scary case. https://t.co/xXCSyJN3AQ
— ilyse hogue (@ilyseh) March 5, 2019
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.