An Alabama judge has let a wrongful death lawsuit proceed in which a father is suing an abortion clinic on behalf of his aborted unborn child.
Madison County probate court Judge Frank Barger recognized last month the father, Ryan Magers, as the legal representative of “Baby Roe” in the lawsuit.
Magers’ attorney, Brent Helms, said it was the first ruling of its kind anywhere in the United States.
“We have already had a victory,” Helms told WAAY television. “… This is the first estate that I’m aware of that has ever been opened for an aborted baby.”
The suit names as the plaintiff: “Ryan Magers, individually and on behalf of his deceased child, Baby Roe.”
The lawsuit says Magers became aware his girlfriend was pregnant in early 2017 and “made it known that he wanted to keep Baby Roe, but the Mother wanted to abort.” The suit further says the father “repeatedly pleaded with the Mother not to kill Baby Roe.”
The mother made an appointment for an abortion with the Alabama Women’s Center, which guided her through a chemical abortion. She was approximately six weeks into her pregnancy, according to the suit.
Alabama Women’s Center is named in the suit. The mother is not.
“Defendants … wrongfully caused Baby Roe’s death,” the suit says.
The lawsuit references a constitutional amendment passed by Alabama voters…
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