Published: Sat, March 09, 2019
World Media | By Cesar Oliver

Ala. Court Lets Aborted Child Be Plaintiff in Father's Case Against Clinic

Ala. Court Lets Aborted Child Be Plaintiff in Father's Case Against Clinic

Her parents say it was her decision to take the abortion pill.

Meager petitioned a local court to allow him to represent the estate of the aborted fetus, and in an unprecedented move, Probate Judge Frank Barger signed off on the petition.

Magers, 19, said that he "repeatedly pleaded" with his girlfriend after she discovered she was pregnant in 2017, but she insisted on an abortion, making his case the first of its type in the U.S., according to court documents.

Magers claims the woman had an abortion against his wishes while he was trying to secure legal counsel to block the procedure and he is suing for wrongful death.

"The time is ripe for consistency in Alabama's jurisprudence: either we fully acknowledge the personhood of the unborn or we cherry pick which innocents we protect and which ones we trash for profit", Helms said.

Brent Helms, the attorney for both Ryan Magers, who claims to be the father, and 'Baby Roe, ' the unborn fetus, said Magers did not want the woman to have an abortion. Magers said in court filings that when his then-girlfriend discovered she was pregnant in early 2017, he "repeatedly pleaded" with her to carry the pregnancy to term and give birth, but she wanted to have an abortion. But if fetuses are recognized as having rights equal to the women carrying them, it would open up a legal and ethical minefield.

Helms explained that in a follow up to the petition called a Memorandum in Support of Letters of Administration, Baby Roe's status as a fetus is clear.

Helms is also optimistic that the case will reach the Alabama Supreme Court, and said "we are confident, and this is a step in the right direction".

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

"I'm here for the men who actually want to have their bab [ies]", Magers told WAAY 31 at the time.

In the petition, filed January 25, 2019, Baby Roe is not specifically referred to as a "fetus".

The lawsuit in Madison County is against Alabama Women's Center for Reproductive Alternatives LLC in Huntsville.

Many experts anticipate that the "Baby Roe" case will eventually find its way up to the Supreme Court.

"Even though there's nothing I can do for the situation I was in, there is something I can do for the future situations for other people", 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.

But the case has alarmed pro-choice activists.

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".

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

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