Judge Allows First-of-Its-Kind Lawsuit After Man's Baby Was Aborted Against His Will
An Alabama judge has allowed a father to sue a local abortion clinic for aborting his unborn child.
Ryan Magers, 19, claimed that his then-girlfriend got an abortion at the Alabama Women’s Center for Reproductive Alternatives in Huntsville, Alabama in 2017.
Under Alabama law, which recognizes an unborn child as a person with legal rights, Magers is suing on behalf of the child, dubbed “Baby Roe” in court papers, and himself, Fox News reported.
Madison County Probate Judge Frank Barger gave Magers the right to represent the child’s estate in the two wrongful death lawsuits filed against the clinic.
“Baby Roe’s innocent life was taken by the profiteering of the Alabama Women’s Center and while no court will be able to bring Baby Roe back to life, we will seek the fullest extent of justice on behalf of Baby Roe and Baby Roe’s father,” Attorney Brent Helms said in a statement.
“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,” he said.
Helms said that to the best of his understanding, this is the first case of its kind in which a court has allowed a father to sue on behalf of an unborn child.
“We have already had a victory, and it was the first one of its kind, ever,” Helms said, according to WAAY.
The lawsuit comes at a time when the left’s push for looser rules on abortion has been met with an increase in public support for the pro-life cause, as noted by The Western Journal.
Magers filed his suit last month.
“I’m here for the men who actually want to have their baby,” he said at the time, WAAY reported.
“I believe every child from conception is a baby and deserves to live,” Magers said.
Magers said that he tried to talk the baby’s mother out of the abortion, which she had in her sixth week of pregnancy, but failed.
“I just tried to plead with her and plead with her and just talk to her about it and see what I could do, but in the end, there was nothing I could do to change her mind,” Magers said.
Magers said he hopes other fathers will benefit from his actions.
“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.
An abortion supporter admitted surprise at the ruling.
“When this first came out, myself and the rest of the folks who do work on abortion rights in the state kind of laughed because it was so ridiculous on so many levels,” said Amanda Reyes, president of the Yellowhammer abortion access fund, according to The Daily Beast.
“But today’s ruling by the probate judge is just completely shocking.”
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