An Alabama court has recognized an aborted fetus as a person with legal rights, a decision that's reportedly never been made in the United States before.
Magers, 19, said that he "repeatedly pleaded" with his girlfriend after she discovered she was pregnant in 2017, but she insisted on an abortion, making his case the first of its type in the U.S., according to court documents.
Therefore, Magers filed the suit on behalf of the fetus and himself.
Attorney Brent Helms, who represents Magers and Baby Roe, told WAAY-TV of the decision, "We have already had a victory, and it was the first of its kind, ever".
"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", Helms said.
An Alabama man is suing an abortion clinic for killing his unborn child against his wishes, and he's naming the aborted fetus, "Baby Roe", as a co-plaintiff in the lawsuit.
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.
"An Alabama court has become the first in the [United States] to grant "personhood" rights to a fetus".
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"Every child from conception is a baby and deserves to live", Magers declared.
"We don't know from generation to generation what the composition of the Alabama Supreme Court is going to be", Fridy said.
Helms petitioned to represent the estate of Baby Roe, which would give the attorney the right to sue under Alabama probate law. "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".
Alabama law has created a criminal statute for the death of an unborn fetus, civil liability for the wrongful death of an unborn fetus and the Alabama Supreme Court has found those standards hold regardless of the fetus's viability - its ability to survive outside the womb. "I'm here for the men who actually want to have their baby".
Helms anticipates that the case, which is now in Alabama's lowest state courts, will likely make its way to the state's Supreme Court. Three rulings over the past decade, Personhood Alabama notes, "involved wrongful death suits and interpreted the world "child" in the Wrongful Death Act to include unborn children as well as born children".
Adrienne Kimmell, vice president of NARAL Pro-Choice America, told AL.com that the lawsuit could have major consequences.
Abortion advocates are alarmed about the case.
The abortion clinic must respond to the lawsuit by April 1.