Attorney: Madison County first court in U.S. to recognize aborted fetus as person with rights

A Madison County father is suing the Huntsville abortion clinic where his girlfriend terminated her pregnancy

Posted: Mar 4, 2019 10:38 PM
Updated: Mar 5, 2019 9:02 PM

The Madison County probate court recognized an aborted fetus as a person with legal rights. According to a local attorney, that's never happened anywhere in the United States.

The decision allows Baby Roe's would-be-father and Baby Roe to sue the abortion clinic and others involved in terminating the pregnancy. (Read more here)

Ryan Magers

"We have already had a victory, and it was the first one of its kind, ever," Attorney Brent Helms said.

The Madison County probate judge granted Helm's client Ryan Magers' request to represent Baby Roe's estate.

"This is the first estate that I'm aware of that has ever been opened for an aborted baby," Helms said.

Now that Baby Roe is recognized as a person in Madison County, Magers now legally represents Baby Roe.

"It can further pursue not only me, but other fathers, other future fathers, can pursue it as well," Magers said.

Magers and Baby Roe are both suing the Alabama Women's Center and others involved in terminating the pregnancy.

"The only thing that estate has is the right to sue, and so that is what Ryan is doing, is suing on behalf of Baby Roe's estate," Helms said.

Helms added that existing state law recognizes life begins at conception, which supports the case for Baby Roe's estate, and because of that, he believes the case could go before the state supreme court.

"We are confident, and this is a step in the right direction," Helms said.

We asked, and Madison County Probate Judge Frank Barger said he couldn't comment on the case.

The next step for Mager, Helms and Baby Roe is on April 1st, when the abortion clinic legally has to respond to the suit.

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