Court Lets Man Sue Abortion Clinic on Behalf of Aborted Fetus

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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.

J. Brent Helms is Magers' attorney. Three rulings over the past decade, Personhood Alabama notes, "involved wrongful death suits and interpreted the world "child" in the Wrongful Death Act to include unborn children as well as born children".

The memorandum, as quoted by Helms and available to the public, says, "during the first trimester of pregnancy, Baby Roe's mother aborted Baby Roe".

"I'm here for the men who actually want to have their baby", Mr Magers told WAAY 31.

Magers, who was 19 years old at the time, had pleaded with his girlfriend, who was16, not to get the abortion.

"We had a long discussion over what she was going to do when she got pregnant", her father said. The child did not leave behind a will, spouse, or property, the petition states.

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In January, Judge Frank Barger allowed Magers to be a "personal representative" to the fetus's estate and name the aborted child, known as "Baby Roe", as a co-plaintiff in a lawsuit against the Alabama Women's Center for Reproductive Alternatives in Huntsville. Magers was reportedly seeking legal counsel at the time of the abortion, WHNT reported.

Mr Helms believes the case could make it to the Supreme Court. The US Supreme Court has always been clear that fetuses are not people and greater importance is placed on a woman's rights over her partner's because she is the one who carries and delivers the baby, Dov Fox, a University of San Diego law professor, told the Washington Post.

The lawsuit follows a state constitutional amendment approved in November during the 2018 midterm election cycle by 59 percent of Alabamians, which made it Alabama state policy to "ensure the protection of the rights of the unborn child" and "recognize and support the sanctity of unborn life and the rights of the unborn children, including the right to life".

In addition to Alabama, Kansas and Missouri have personhood language on the books, and Louisiana passed a 1986 law that gives embryos the status of a "juridical person".

The author of Amendment 2, Republican State Rep. Matt Fridy, told AL.com that the measure is important because courts change. But according to WHNT, the court papers do not make it clear that "Baby Roe" was an aborted fetus.

"It has the potential to be used in other states, and it's part of abortion opponents being emboldened... and conservatives turning over every rock to see how they can ban abortion", said Elizabeth Nash of the abortion rights advocacy group Guttmacher Institute.

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