Judge OKs wrongful death lawsuit on behalf of aborted embryo

09 March, 2019, 02:13 | Author: Rachel Logan
  • WASHINGTON DC-JAN 27 President Trump will most likely fill a vacancy on the Supreme Court this year. Many expect him to put forward a conservative justice that will tip the balance of the court. This will particularly be important as conservatives hope

Helms, who is seeking monetary damages and a jury trial, says the ultimate goal is to increase the rights of would-be fathers and strip protections in place for women who are seeking abortions in Alabama.

Brent Helms, the attorney for Magers and Baby Roe, said Barger's decision marks the first time an aborted fetus has been recognized to have legal rights.

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 United States, according to court documents.

Magers's case names the the Alabama Women's Center for Reproductive Alternatives in Huntsville and an unknown pharmaceutical company that makes and distributes "a pill created to kill unborn children" as defendants.

"This is the first estate that I'm aware of that has ever been opened for an aborted baby", Helms said.

An Alabama probate court recognized an aborted child as a person with rights this week, which enabled a father to sue an abortion clinic, its staff and a pharmaceutical company on behalf of his aborted child's estate.

Last month, the father, Ryan Magers, sued the Alabama abortion clinic that provided his girlfriend an abortion two years ago.

Personhood Alabama and a father whose baby was aborted against his will won a legal victory Tuesday with a probate judge formally recognizing Ryan Magers' child as a legal person, allowing his case against the abortion center responsible to proceed.

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"I believe every child from conception is a baby and deserves to live", Magers said.

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.

But Personhood Alabama spokesperson Hannah Ford said in a statement that Baby Roe had been "cruelly robbed of life and silenced before entering the world or being able to personally voice a complaint in court".

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

"It can further pursue not only me, but other fathers - other future fathers - can pursue it, as well", Magers said. Both abortion and the pill are legal under federal and state law.

So, if it's a criminal offense to cause the death of an unborn fetus in Alabama, abortion rights in the state depend on the federal court's prior rulings.

Reproductive health advocates have also expressed concern that personhood advocates may be willing to support legislation that would restrict abortion, even in cases of rape and incest, and pose a threat to birth control access for women across the state.

Self-described feminist Mona Eltahawy tweeted, "This is the US in the year 2019: a man AND a fetus are suing an abortion clinic".


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