Alabama Man Suing Abortion Clinic on Behalf of His Girlfriend's Unborn Fetus

Alabama Man Suing Abortion Clinic on Behalf of His Girlfriend's Unborn Fetus

Madison County probate judge Frank Barger issued the decree which stated that "Baby Roe" was a living person, allowing plaintiff Ryan Magers to appoint the foetus as a co-plaintiff in a wrongful death lawsuit.

Ryan Magers, 19, claims his girlfriend got a medicated abortion at the Alabama Women's Centre for Reproductive Alternatives in Huntsville in February 2017 when she was six weeks pregnant, according to legal documents, even though he urged her not to terminate the pregnancy.

An Alabama court has recognized an aborted fetus as a person with legal rights, a decision that's reportedly never been made in the United States before.

But WHNT said it's not clear if Barger knew what he was granting.

Magers is reportedly seeking a jury trial.

"We have already had a victory, and it was the first one of its kind ever", attorney for the would-be-father Brent Helms said.

"This is the first estate that I'm aware of that has ever been opened for an aborted baby", he told WAAY 31.

This is the first lawsuit in which an aborted baby has been given legal rights.

The suit identified Magers as the "father of his deceased child".

"It can further pursue not only me, but other fathers - other future fathers - can pursue it, as well", Magers said. Kavanaugh is a conservative justice who may become the fifth vote to overturn Roe v. Wade, the Supreme Court decision which struck down state law restricting abortions.

Helms said that since Alabama recognizes life as beginning at conception, and thus supports the case for Baby Roe's estate, the case could go before the state Supreme Court. "By declaring the aborted embryo (she was just 6 wks pregnant) a person with legal rights", Jessica Valenti, author of Sex Object, wrote on Twitter.

One of the main proponents for Amendment 2, Personhood Alabama, brought the wrongful death lawsuit against Alabama's Women's Center with Magers.

"I'm here for the men who actually want to have their baby", he said in February, almost two years since his baby was aborted.

"This case also highlights the rights of a father, because a father should generally share some parental rights with a mother when children are concerned", Klukowski observed.

Alabama voters past year passed an amendment to the state constitution with a 59 percent yes vote that recognizes the fetuses' rights.

Mr Helms believes the case could make it to the Supreme Court.

Adrienne Kimmell, vice president of NARAL Pro-Choice America, told AL.com that the lawsuit could have major consequences.

The case has alarmed pro-choice activists who say it undermines women's rights.

Self-described feminist Mona Eltahawy tweeted, "This is the U.S. in the year 2019: a man AND a fetus are suing an abortion clinic".

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