Madison County Probate Judge Frank Barger ruled that "Baby Roe" could be named as a co-plaintiff in Mager's lawsuit because of the passage of a November ballot initiative, known as Amendment 2, that added a clause to the state's constitution recognizing that life begins at conception. The pregnancy was reportedly terminated six weeks after Magers' girlfriend learned she was pregnant.
Personhood Alabama and a father whose baby was aborted against his will won a legal victory Tuesday with a probate judge formally recognizing Ryan Magers' child as a legal person, allowing his case against the abortion center responsible to proceed.
The memorandum, as quoted by Helms and available to the public, says, "during the first trimester of pregnancy, Baby Roe's mother aborted Baby Roe".
In his complaint, Magers argues the women center's doctors violated his developing child's right to life recognized under the state's unique amendment.
"This case here (the Baby Roe lawsuit), that we're talking about, flies in the face of Roe vs Wade and Planned Parenthood vs Casey, flies right in the face of it", he said. "This is the first estate that I'm aware of that has ever been opened for an aborted baby". She did so anyway, Helms said.
The father of the pregnant teenager, who asked that his and his daughter's names not be used to protect their privacy, said his "family is really distraught" over the lawsuit. "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".
Madison County abortion lawsuit could reshape USA law, veteran attorney says
"The Supreme Court of Alabama has defined a person as from conception", he said.
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. The pro-life advocacy group praised the filing in a blog post at the time, calling the lawsuit a "timely reminder that every single abortion committed is a chilling assault on a precious and innocent human life".
"I'm here for the men who actually want to have their baby", he said in February, almost two years since his baby was aborted.
Alabama law has created a criminal statute for the death of an unborn fetus, civil liability for the wrongful death of an unborn fetus and the Alabama Supreme Court has found those standards hold regardless of the fetus's viability - its ability to survive outside the womb.
The lawsuit, which Helms hopes will eventually make its way to the U.S. Supreme Court, has alarmed some pro-choice advocates.