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Judge recognizes aborted fetus' legal rights in suit against mother and hospital

09 March, 2019, 02:14 | Author: Ted Wilson
  • US court grants legal rights to aborted child as would-be father sues clinic on behalf of fetus

Klukowski, however, said the U.S. Supreme Court's decision in Roe is blocking the Alabama probate court's decision to recognize an unborn baby as a person with rights.

On Tuesday, an Alabama county court recognized the aborted fetus, "Baby Roe", as a plaintiff in the lawsuit, making the case one of the first of its kind, his lawyer said.

Magers filed a lawsuit in February against the Alabama Women's Center for Reproductive Alternatives, which the suit says provided his ex-girlfriend with the abortion pill.

Magers is now suing the clinic, three unnamed agents, and the unknown pharmaceutical company that produced the abortion-inducing medication for wrongful death on behalf of himself and his unborn child.

Magers, who was 19 years old at the time, had pleaded with his girlfriend, who was16, not to get the abortion.

The probate judge's decision appears to be the first major court action after the passage of Alabama's personhood law, which says that it is the policy of the state "to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life".

But WHNT said it's not clear if Barger knew what he was granting.

"The Alabama Supreme Court and Chief Justice Tom Parker have set a precedent that the value of the life of an unborn child is no less than the value of the lives of other persons".

It is unclear if Magers will have to prove that he was the unborn fetus's biological father.

US court grants legal rights to aborted child as would-be father sues clinic on behalf of fetus
Court grants unborn baby legal rights!

"I'm here for the men who actually want to have their bab [ies]", Magers told WAAY 31 at the time.

The owner of the Alabama Women's Center Dalton Johnson said the case is "unprecedented and we are assembling our legal team".

"It can further pursue not only me, but other fathers - other future fathers - can pursue it, as well", he added this week.

Mr Helms believes the case could make it to the Supreme Court. The ballot measure, known as Amendment 2, legally defines a person as "any human being from the moment of fertilization or the functional equivalent thereof" and states that no provisions of state's constitution "secures or protects a right to abortion or requires the funding of an abortion".

"It has the potential to be used in other states, and it's part of abortion opponents being emboldened... and conservatives turning over every rock to see how they can ban abortion", said Elizabeth Nash of the abortion rights advocacy group Guttmacher Institute.

NARAL Pro-Choice America president, Ilyse Hogue called it a "very scary case".

"But again, Roe, and its modern revision Casey, necessarily imply that these are not children, and therefore that laws concerning paternal rights do not apply to abortion cases".

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

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