Alabama Court Allows Man to Sue Abortion Clinic, Recognizing Fetal Personhood

An Alabama man, Ryan Magers, is suing a reproductive health center as well as the manufacturer of the pill his ex-girlfriend used to end her six-week pregnancy, after a probate court judge granted his petition and recognized the full legal rights of a fetus. Magers’ lawyer claims his lawsuit may be the first U.S. court case that recognizes an aborted fetus’ legal rights. Madison County Probate Judge Frank Barger issued a decree that the fetus is a person, which permits Magers to name the fetus as a co-plaintiff. Magers is legally representing the estate of “Baby Roe,” claiming that the aborted fetus suffered a “wrongful death.” Magers claims that his then-girlfriend received an abortion in early 2017, despite Magers “repeatedly” pleading that she carry her pregnancy to term. The decision follows a November bill that Alabama passed, a “personhood law” or Amendment 2, which provides constitutional rights to fertilized eggs and fetuses. The amendment effectively makes the mother and fetus equal under state law. The law also declares that under the Alabama constitution, state citizens do not have any legal right to an abortion, meaning that if Roe v. Wade were overturned, all Alabamans would not be able to legally […]

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