Court Awards Legal Rights to Aborted Child

Newborn baby

Newborn baby

An Alabama man is suing an abortion clinic for killing his unborn child against his wishes, and he's naming the aborted fetus, "Baby Roe", as a co-plaintiff in the lawsuit.

Nineteen-year-old Ryan Magers is suing the Alabama Women's Center for Reproductive Alternatives for allowing his girlfriend to get a medicated abortion when she was six weeks pregnant, even though he begged her not to terminate the pregnancy. He said that his girlfriend proceeded with the abortion despite him begging her to keep the baby, as WAAY 31 reported last month.

Klukowski, however, said the U.S. Supreme Court's decision in Roe is blocking the Alabama probate court's decision to recognize an unborn baby as a person with rights.

The case was made possible by Madison County Probate Judge Frank Barger, who ruled that Magers could represent the estate of his ex-girlfriend's aborted embryo.

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

"It's the first time in the country that an aborted foetus has been recognised as having legal rights", Brent Helms, Mr. Magers' attorney, told local news outlet WHNT 19.

'The only thing that [Ryan Magers] has is the right to sue, and so that is what Ryan is doing, suing on behalf of Baby Roe's estate, ' Helms said. Meager is now seeking a trial by jury. University of San Diego law professor Dov Fox said the high court has been clear that fetuses are not people and that a woman's views on abortion trump her partner's because she is the one who carries and delivers the baby. "This is the first estate that I'm aware of that has ever been opened for an aborted baby".

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So, if it's a criminal offense to cause the death of an unborn fetus in Alabama, abortion rights in the state depend on the federal court's prior rulings. "Alabama's Baby Roe comes as a timely reminder that every single abortion committed is a chilling assault on a precious and innocent human life - an intolerable violation of the most basic, God-given human right, the right to life".

Helms said it could also be a landmark case.

The Alabama Women's Center for Reproductive Alternatives has until April 1 to respond to the suit.

Ilyse Hogue, the president of NARAL Pro-Choice America, called it a "very scary case" that is "asserting woman's rights third in line" on Twitter.

The lawsuit's defendants include the abortion clinic, staff members and a drug maker that manufactured the drug used in the abortion, according to the court filing.

But Personhood Alabama spokesperson Hannah Ford said in a statement that Baby Roe had been "cruelly robbed of life and silenced before entering the world or being able to personally voice a complaint in court".

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