In the first case of its kind, a man in Alabama has sued an abortion clinic for killing his unborn child against his will.
The state’s strong pro-life laws enabled Ryan Magers to sue on behalf of himself and also on behalf of his aborted child “Baby Roe”, named after the infamous 1973 Roe v Wade case that liberalised abortion in America.
Recent permission to run the case has been hailed as a “victory” for life.
Despite pleading with her not to end the life of their child, Ryan Magers’ girlfriend went to an Alabama abortion clinic six weeks into her pregnancy.
Magers’ lawyer Brent Helms said: “Baby Roe’s innocent life was taken by the profiteering of the Alabama Women’s Centre 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.”
He added: “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.”
The state of Alabama is one of three US states that recognises the personhood of an unborn child.
Life from conception
Baby Roe was aborted in 2017, but Judge Frank Barger allowed Magers to bring his case forward after a petition to represent the estate of his child – four months after the state passed the amendment recognising the personhood of the unborn.
Recognising that his baby died a “wrongful death”, Magers said: “I believe every child from conception is a baby and deserves to live.”
Helms concluded: “If wrongful death is granted in this case, then I would not forsee any abortion clinic or even manufacturer of an abortion pill wanting to come to the state of Alabama because they could be held liable for the killing or the termination of the life of a fetus.”