Teenager sues abortion clinic after girlfriend terminates baby

Teenager sues abortion clinic after girlfriend terminates baby

The lawsuit claims that Magers's girlfriend aborted Baby Roe on February 12, 2017, at Alabama Women's Center for Reproductive Alternatives, an abortion clinic in Huntsville.

Ryan Magers, who says his ex-girlfriend had an abortion against his wishes, filed a lawsuit against the Women's Center for Reproductive Alternatives in Madison Country, local CBS affiliate WHNT News 19 reported Tuesday.

The dad added that she was 16 and a high school senior when she got pregnant and that Magers was 19 and unemployed at the time.

"Roe vs. Wade and Planned Parenthood vs. Casey says that a woman has a right, a privacy right, under the due process clause of the 14 amendment, to have an abortion", he said.

Madison County Probate Judge Frank Barger, who claims he knew he was granting the rights to a murdered unborn child, chose to protect the unborn in a first-ever decision.

The suit argues that statute, the state constitution, and judicial precedent all establish that Alabama recognizes preborn babies as legal persons, most recently via a state constitutional amendment declaring it the "public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children".

"When the Court (wrongly) declared in Roe that a woman has the right to abortion, it necessarily implied that the unborn baby is not really a person, and therefore has no personal rights", he 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.

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"We have already had a victory, and it was the first one of its kind, ever", Brent Helms, attorney for Baby Roe's father, Ryan Magers, said, following the decision to grant Magers' request to represent Baby Roe's estate.

"It can further pursue not only me, but other fathers - other future fathers - can pursue it, as well", he added this week. "This is the first estate that I'm aware of that has ever been opened for an aborted baby".

Finally, the law frees the state of Alabama from being required to secure the right or funds required to attain an abortion.

The lawsuit in Madison County is against Alabama Women's Center for Reproductive Alternatives LLC in Huntsville.

Alabama legislators passed a law in 2014 which granted lawyers the right to represent unborn children in cases where minors wanted an abortion.

NARAL Pro-Choice America President Ilyse Hogue called the case "very scary", saying it is "asserting woman's rights third in line".

The teen's attorney believed the case could make it to the Alabama Supreme Court.

The lawsuit's defendants include the abortion clinic, staff members and a drug maker that manufactured the drug used in the abortion, according to the court filing.

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