Last month we published a story covering a young Alabama father who was seeking to sue a local Abortion clinic for the wrongful death of his preborn child. This week there has been updates to his case.
On Monday, news broke that the probate court of Madison County Alabama recognized the aborted “Baby Roe” as a person with legal rights. This allows for the case to move forward and for the child’s father, Ryan Magers, to sue on behalf of his child’s estate. The suit is against Alabama Women's Center and their employees, as well the pharmaceutical company who makes the medication used in the abortion.
This unprecedented turn of events was made possible because of the state’s constitutional amendment last November.
The amendment declared it was the "public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children."
Magers’ attorney, Brent Helms considered this first step as a victory.
“It was the first one of its kind, ever," Helms said, “This is the first estate that I'm aware of that has ever been opened for an aborted baby.”
According to Helms, this has never happened anywhere in the country.
Anonymous sources from the Washington Post claim at the time of the abortion, the mother of the child was only 16, whereas Mager was 18. This claim is unconfirmed, as the mother and her family have remained anonymous to the public. Although, it is worth noting the age of consent in the state of Alabama is 16. The state also has a “Romeo and Juliet law” in place.
When asked why he was suing, Magers said he wanted to be a voice for others.
“I’m here for the men who actually want to have their baby,” said Magers, “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 founder of the Abortion Survivors Network, Melissa Ohden, a survivor of a failed abortion, shared her admiration for Magers on Thursday, “I’m proud of this young man,” Ohden said, “especially considering my birthfather’s inability to save me.”
The next step in the case is April 1, 2019, when the Alabama Women's Center is legally required to respond to the lawsuit.
We will continue to monitor this case as it progresses.