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Judge allows Alabama man to proceed with suit for “wrongful death” of baby aborted against his wishes

by | Mar 7, 2019

By Dave Andrusko

On Tuesday Madison County Judge Frank Barger granted Ryan Magers’ petition to represent the estate of his aborted child, “Baby Roe,” opening the way for him to sue the Alabama Women’s Center for Reproductive Alternatives in Huntsville and a pharmaceutical company that makes and distributes the chemical abortifacient used in the 2017 abortion.

Judge Barger’s decree, according to the Washington Post, “explicitly states ‘Baby Roe’ is a person and allows plaintiff Ryan Magers to name the fetus as a co-plaintiff in the suit for ‘wrongful death.’”

“We have already had a victory, and it was the first one of its kind, ever,” said Brent Helms, Magers’ attorney. “This is the first estate that I’m aware of that has ever been opened for an aborted baby.”

Magers said in court filings that in early 2017 when his then-girlfriend discovered she was pregnant, he “repeatedly pleaded” with her to carry the baby to term.

“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 told WAAY, the local ABC affiliate, last month. “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.”

The unnamed woman was six weeks pregnant at the time of her abortion.

Helms gave an interview Tuesday to Refinery29, a pro-abortion site. Helms said Magers “had sought legal action to try and stop her. ‘Ryan was all about family. He took on extra jobs to be able to pay for the birth of Baby Roe.’”

In 2018, Alabama passed a constitutional amendment which declared and affirmed “that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, most importantly the right to life in all manners and measures appropriate and lawful; and to provide that the constitution of this state does not protect the right to abortion or require the funding of abortion.”

Amendment 2 passed with 59% of the vote.

Categories: Judicial
Tags: abortion