Court Awards Legal Rights to Aborted Child

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Magers is suing the unknown pharmaceutical company that manufactured the pill his ex-girlfriend took, as well as the Alabama Women's Center for Reproductive Alternatives and the workers there.

Madison County probate court Judge Frank Barger even allowed Magers to name his aborted child as a co-plaintiff in his case. The pregnancy was reportedly terminated six weeks after Magers' girlfriend learned she was pregnant.

Brent Helms, the attorney for Magers and "Baby Roe", says the case breaks legal ground. "And that allows Ryan to sue on his own behalf and then as the administrator of the estate of Baby Roe".

Judger Barger was asked by WHNT if he knew that he was granting an aborted fetus legal rights, but he declined to comment.

"I'm here for the men who actually want to have their baby", he said.

Magers is demanding a jury trial.

After the news broke, many argued that the court is giving more rights to unborn fetuses and men who impregnate women than the women themselves.

The petition letter stated that Baby Roe died on February 12, 2017, and does not refer to a cause of death or location.

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One of the main proponents for Amendment 2, Personhood Alabama, brought the wrongful death lawsuit against Alabama's Women's Center with Magers.

"It can further pursue not only me, but other fathers - other future fathers - can pursue it, as well", Magers said.

The news comes after debates on "foetal rights" has gained traction in the USA, where abortion rights groups slamming Judge Barger's ruling as a risky precedent. "PREGNANT PERSON. This is chilling - and completely unacceptable", the National Association for the Repeal of Abortions Laws (NARAL) tweeted on Tuesday night. "And he wants to deter business pill makers and other people who he says profit off abortions".

"This case also highlights the rights of a father, because a father should generally share some parental rights with a mother when children are concerned", Klukowski observed.

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

Ilyse Hogue, the president of NARAL Pro-Choice America, called it a "very scary case" that is "asserting woman's rights third in line" on Twitter.

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".

The lawsuit's defendants include the abortion clinic, staff members and a drug maker that manufactured the drug used in the abortion, according to the court filing.