LegalReader.com  ·  Legal News, Analysis, & Commentary

News & Politics

Father Files Wrongful Death Lawsuit Over Abortion


— February 8, 2019

Personhood Alabama filed a wrongful death suit against the Alabama Women’s Center in Huntsville, Alabama over an abortion.


Like it or not, the topic of abortion has been in the news a lot these last few weeks. People on both sides of the aisle, legislators and private citizens alike, are fired up over whether or not a fetus is a baby or just a clump of cells and how far along in a pregnancy abortion should be allowed. We’re even beginning to see lawsuits being filed by fathers who disagree with their partners over abortion. For example, earlier this week, Personhood Alabama filed a lawsuit against the Alabama Women’s Center in Huntsville regarding the wrongful death of ‘Baby Roe.’ The suit itself was filed in the Circuit Court of Madison County against the Alabama Women’s Center in Huntsville for wrongful death of ‘Baby Roe.’

This latest suit was filed on behalf of Baby Roe’s father and names a variety of entities as defendants, including the “Alabama Women’s Center, the abortionist, and the pharmaceutical company” who all played a part in the abortion of his unborn child. The suit argues that the defendants “profited from the wrongful death of Baby Roe.”

Huntsville, Alabama City Hall
Huntsville, Alabama City Hall; image courtesy of Anivron via Wikimedia Commons, https://commons.wikimedia.org

In the lawsuit, Personhood Alabama argues that Baby Roe was “an innocent preborn child whose life was snuffed out despite the father’s active efforts to halt the abortion.” When commenting on the case, attorney Brent Helms said:

“Baby Roe’s innocent life was taken by the profiteering of the Alabama Women’s Center and while no court will be able to bring Baby Roe back to life, we will seek the fullest extent of justice on behalf of Baby Roe and Baby Roe’s father. The time is ripe for consistency in Alabama’s jurisprudence: either we fully acknowledge the personhood of the unborn or we cherry pick which innocents we protect and which ones we trash for profit.”

To back up the base, Personhood Alabama and Helms pointed to the Alabama Constitution and statutory laws which declare “a person is a human being, including an unborn child in utero at any stage of development, regardless of viability.” Then, last November, voters in the state approved an amendment that declared “it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children.”

Over the course of the last decade, the Alabama Supreme Court has issued seven “pro-life decisions which recognize the personhood of the unborn,” including Mack v. Carmack, Hamilton v. Scott, and Stinnett v. Kennedy.

While discussing the case, Hannah Ford, a spokeswoman for Personhood Alabama touched on recent legislation proposed and, in some cases, passed in states like New York and Virginia. She added,

“Baby Roe was cruelly robbed of life and silenced before entering the world or being able to personally voice complaint in court. The gross injustice inflicted on Baby Roe compels us to pursue complete justice in this case so that no other unborn child’s life will be taken by the hands of the abortion industry in the State of Alabama.”

Personhood Alabama is a nonprofit corporation that exists to promote the “legal recognition of the personhood of unborn children.

Sources:

Father files wrongful death lawsuit in connection with abortion

Wrongful death lawsuit filed in connection with abortion

Join the conversation!