Ala. Court Lets Aborted Child Be Plaintiff in Father's Case Against Clinic

News & Politics	
		Alabama Judge Recognizes Aborted Baby as Legal Person Allowing Personhood Alabama Case to Proceed	
		Brianna Smith

The controversial amendment has been criticized by some reproductive health care providers and pro-choice advocates who believe the passage of Amendment 2 threatens to effectively ban abortion in Alabama if Roe v. Wade, the landmark 1973 U.S. Supreme Court decision that protected a person's right to make their own medical decisions, including the right to terminate a pregnancy, is overturned.

On Tuesday, an Alabama county court recognized the aborted fetus, "Baby Roe", as a plaintiff in the lawsuit, making the case one of the first of its kind, his lawyer said.

Magers and the baby, referred to as "Baby Roe" in court documents, are suing the Alabama Women's Center and others involved in ending the pregnancy.

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. "It is the first time in history, as far as we know, the voice of those who can not speak for themselves has been heard in a court setting", Laura Glidewell, a spokesperson for pro-life nonprofit Personhood Alabama, told The Daily Caller Wednesday.

The lawsuit claims that Magers's girlfriend aborted Baby Roe on February 12, 2017, at Alabama Women's Center for Reproductive Alternatives, an abortion clinic in Huntsville.

The dad added that she was 16 and a high school senior when she got pregnant and that Magers was 19 and unemployed at the time. This decision came four months after the state passed a law that gave fetuses the same legal rights as any other person.

"Every child from conception is a baby and deserves to live", Magers declared.

Mat Staver, founder and chairman of the conservative legal group Liberty Counsel, said the judge's decision to allow "Baby Roe" in court is a huge legal triumph for the pro-life movement.

The Heflin Torbert Judicial Building in Montgomery. It houses the Supreme Court of Alabama
US court grants legal rights to aborted child as would-be father sues clinic on behalf of fetus

Helms is also optimistic that the case will reach the Alabama Supreme Court, and said "we are confident, and this is a step in the right direction".

However, he said, "biological development matters in terms of how we treat an embryo or a fetus legally and morally", which is why even many Americans who support abortion rights feel uncomfortable with the idea of third-trimester abortions.

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

Alabama Women's Center is named in the suit.

Earlier this week, an Alabama judge ruled that unborn babies are legal people entitled to the same legal rights and protections as everyone else.

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

NARAL Pro-Choice America president, Ilyse Hogue called it a "very scary case".

The women's center has until April 1 to respond to the suit, according to Fox News.

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