An Alabama would-be father has been allowed to launch a lawsuit on behalf of his unborn son against abortion doctors who provided his girlfriend with a termination.
Under Alabama law, unborn children are considered legal persons, and Ryan Magers, 19, of Madison County, was left devastated after his girlfriend went through with the abortion. According to Ryan, the doctors “violated his developing child’s right to life.”
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Ryan Magers filed the groundbreaking lawsuit Tuesday against the Alabama Women’s Center for Reproductive Alternatives in Huntsville, Alabama on behalf of the unborn child he’s calling ‘Baby Roe’ in addition to himself.
DailyMail reports: Madison County Probate Judge Frank Barger ruled that ‘Baby Roe’ could be named as a co-plaintiff in Mager’s lawsuit because of the passage of a November ballot initiative, known as Amendment 2, that added a clause to the state’s constitution recognizing that life begins at conception.
In his complaint, Magers argues the women center’s doctors violated his developing child’s right to life recognized under the state’s unique amendment.
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.
‘Under Alabama law, an unborn child is a legal person,’ the complaint reads. ‘As a result of the Defendants’ actions, Plaintiff’s
child, Baby Roe, was killed.’
Magers’ attorney Brent Helms said this case is the first one he’s aware of that has been brought on behalf of an unborn child, which could open the door for more lawsuits to be brought by would-be fathers.
‘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. ‘We are confident, and this is a step in the right direction.’
Ilyse Hogue, president of the National Association for the Repeal of Abortion Laws Pro-Choice America, tweeted Tuesday afternoon that the lawsuit is a ‘very scary case’ that is ‘asserting [a] woman’s rights [are] third in line.’
Breaking: Alabama allows a suit from man AND fetus against abortion clinic where his girlfriend terminated her pregnancy. First under Alabama's new personhood law, asserting woman's rights third in line. Very scary case. https://t.co/xXCSyJN3AQ
— Ilyse Hogue (@ilyseh) March 5, 2019
The women’s center has until April 1 to respond to the suit, according to Fox News.