Alabama Man Suing Abortion Clinic on Behalf of His Girlfriend's Unborn Fetus

Alabama Women’s Center for Reproductive Alternatives
The Alabama Women’s Center for Reproductive Alternatives was sued for performing an abortion on a woman in February 2017. The woman's boyfriend claims he did not want his unborn fetus to be aborted. Google Maps

A 19-year-old Alabama man was given the green light to sue a women's clinic on behalf of an unborn fetus after the clinic performed an abortion on his girlfriend. Alabama recognizes the personhood of a fetus, so the man was allowed to sue on behalf of "Baby Roe."

Ryan Magers, 19, claims his girlfriend received a medicated abortion to end her 6-week-old pregnancy at the Alabama Women's Center for Reproductive Alternatives in Huntsville, Alabama, in February 2017. Magers was reportedly seeking legal counsel at the time of the abortion, WHNT reported.

Brent Helms, Magers's attorney, petitioned the courts to represent the estate of Baby Roe, the unborn fetus. Madison County probate court Judge Frank Barger granted Helms's request. The lawyer noted that the decision was the first of its kind in the United States.

"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," Helms said in a statement.

Helms continued: "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."

"I'm here for the men who actually want to have their baby," Magers told WAAY 31. "I believe every child from conception is a baby and deserves to live." It is unclear if Magers will have to prove that he was the unborn fetus's biological father.

In the letter of petition filed on January 25, Baby Roe is not referred to as a "fetus," WHNT noted. The petition states that Baby Roe died on February 12, 2017, but does not refer to the cause of death or location.

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

The abortion clinic has until April 1 to respond to the lawsuit.