Alabama teenager will represent aborted fetus in unprecedented lawsuit against clinic

Newborn baby

Ryan Magers is suing Alabama Women's Center for Reproductive Alternatives for aborting the fetus he says he fathered.

Magers will represent Baby Roe's estate in court following an unprecedented legal decision by Madison County Probate Judge Frank Barger, who claims he knew he was granting the rights to an aborted fetus, Helms said, contrary to an earlier report by WHNT, which suspected the judge was hoodwinked into giving the dead embryo standing in a court of law.

According Magers' complaint, which was obtained by WAAY-TV, the unborn child was seven weeks old on February 10, 2017 when three unidentified providers at the women's center gave his unnamed girlfriend a pill to terminate her pregnancy.

Baby Roe was at the same point of pregnancy as this ultrasound image taken at six weeks when her mother had an abortion.

Abortion rights groups expressed alarm, saying the Alabama judge's decision last month sets a unsafe precedent at a time when the idea of "fetal rights" - which recognize embryos and fetuses as separate from the women who carry them - is gaining currency in state legislatures, courts and law enforcement agencies.

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"This is the first estate that I'm aware of that has ever been opened for an aborted baby", Magers' attorney, Brent Halms, tells WAAY 31.

The suit argues that statute, the state constitution, and judicial precedent all establish that Alabama recognizes preborn babies as legal persons, most recently via a state constitutional amendment declaring it the "public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children".

- NARAL (@NARAL) March 6, 2019So am aborted fetus with no sentient thoughts yet have more rights and claims on a woman's body than we do? She did so anyway, Helms said.

"It can further pursue not only me, but other fathers - other future fathers - can pursue it, as well", he added this week.

A teenager is suing an abortion clinic on behalf of his unborn child who he said was terminated against his wishes.

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Following the landmark ruling, Personhood Alabama spokeswoman Hannah Ford told LifeSiteNews that the case is a "timely reminder that every single abortion committed is a chilling assault on a precious and innocent human life".

Last month, the father, Ryan Magers, sued the Alabama abortion clinic that provided his girlfriend an abortion two years ago.

The Alabama Women's Center must respond to the lawsuit by April 1.

The lawsuit, which Helms hopes will eventually make its way to the U.S. Supreme Court, has alarmed some pro-choice advocates.

Alabama law has created a criminal statute for the death of an unborn fetus, civil liability for the wrongful death of an unborn fetus and the Alabama Supreme Court has found those standards hold regardless of the fetus's viability - its ability to survive outside the womb.

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