Alabama judge allows teen would-be dad to sue medics for assisting girlfriend abort baby in potentially groundbreaking case
Ryan Magers, in his complaint, argued that the doctors of the women's center violated the right to life of his developing child, which is recognized under Alabama's amendment
A teenager from Alabama is reportedly suing a clinic and its doctors for assisting his girlfriend in aborting their unborn fetus. The 19-year-old from Madison County, Ryan Magers, filed a lawsuit on Tuesday against the Alabama Women's Center for Reproductives in Huntsville, Alabama, on behalf of the unborn child he's calling "Baby Roe".
Madison County Probate Judge Frank Barger reportedly ruled that "Baby Roe" could be named as a co-plaintiff in Magers' lawsuit because of Amendment 2, which was added as a clause to the state's constitution recognizing that the life of a person begins from the moment of conception, according to a Daily Mail report.
The decision allows Baby Roe's would-be-father (Ryan Magers) and Baby Roe to sue the abortion clinic and others involved in terminating the pregnancy.— "Go...teaching them"(see Mt.5:13-19, ch. 28:18-20) (@DarleneHBrook) March 6, 2019
Attorney: Madison County first court in U.S. to recognize aborted fetus as person with rights https://t.co/HzfkwI6hLU
Magers, in his complaint, argued that the doctors of the women's center violated the right to life of his developing child, which is recognized under Alabama's amendment.
The complaint states that the unborn child was seven weeks old on February 10, 2017 when three abortion providers at the women's center gave his girlfriend a pill to terminate her pregnancy.
"Under Alabama law, an unborn child is a legal person. As a result of the Defendants’ actions, Plaintiff’s child, Baby Roe, was killed," the complaint read, according to WAAY-TV.
"It was just like my whole world fell apart," Magers is reported to have said. He added, "I believe every child from conception is a baby and deserves to live." Reports state that the women's center has until April 1 to respond to the lawsuit filed by the teenager.
In the first ruling of its kind, a Madison County, AL probate court has just recognized an aborted fetus as a legal entity. Would-be father Ryan Magers was granted standing to represent Baby Roe’s estate.— Emily Compagno (@EmilyCompagno) March 6, 2019
He is now suing the abortion clinic.
Next step: Defendants respond by 4/1. pic.twitter.com/V3KuLpAS9Y
"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 to WAAY-TV. Even though it's too late for him to stop his girlfriend's abortion, Magers said he wants to give a voice to other would-be dads who find themselves in the same spot.
The teenager's attorney, Brent Helms, reportedly said that the case is the first one he is aware of that has been brought on behalf of an unborn child. Helms added that this could be a groundbreaking case, allowing more such lawsuits to be brought by would-be fathers in the state.
"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."
The president of the National Association for the Repeal of Abortion Laws Pro-Choice America, IIyse Hogue, tweeted on Tuesday afternoon said that the lawsuit is a "very scary case" that is "asserting [a] woman's rights [are] third in line."