·  Legal News, Analysis, & Commentary

News & Politics

Judge Rules Father is Legal Representative of Aborted Child in Alabama Wrongful Death Case

— March 28, 2019
Madison Couny Courthouse in Huntsville, Alabama
Madison Couny Courthouse in Huntsville, Alabama; image courtesy of Chris Pruitt via Wikimedia Commons,

Earlier this year, Ryan Magers filed a lawsuit against the Alabama Women’s Center in Madison County and the maker of the abortion pill administered to his former girlfriend that resulted in the wrongful death of ‘Baby Roe.’ Last month, Frank Barger, a Madison County, Alabama probate judge ruled that Magers could be “legally be recognized as the personal representative of Baby Roe, a child aborted by his former girlfriend at the Alabama Women’s Center in February 2017.” As a result of that ruling, the aborted child is recognized as an actual person, at least in Judge Barger’s courtroom.

In his ruling, Barger’s said, “The Decedent (meaning Magers’ baby) is a person whose estate is subject to administration in the State of Alabama.” Bager’s added:

“The Decedent left no last will and testament and no other legal instrument relating to the disposal or distribution of his or her estate. The petitioner is fit to be named as the personal representative of the Decedent’s estate and is legally entitled to Letters of Administration. The Decedent died leaving a future interest in property in Madison County, the award of damages in such cause of action shall vest the Decedent with personal property.”

Bager’s ruling comes on the heels of a new pro-life amendment recently added to Alabama’s constitution. The amendment was passed by voters in November 2018 and, according to the state’s Secretary of State office, “provides that it would be the public policy of the state to recognize and support the importance of unborn life and the rights of unborn children, including the right to life; and to protect the rights of unborn children. Additionally, the amendment would make clear that the state constitution does not include a right to abortion or require the funding of an abortion using public funds.”

When commenting on the matter, Magers’ attorney, Brent Helms said, “We have already had a victory, and it was the first one of its kind, ever.” He added:

“I don’t know that a judge has ever recognized the personhood of an unborn aborted child…I’m not saying it hasn’t happened, I’m just saying I did not find it. And if it has happened, I certainly would like to know about it.”

To put it simply, going forward Magers can now proceed with “suing the clinic on behalf of his aborted child.” If Magers succeeds, Helms said it will be the very first “estate ever opened for an unborn aborted child, as opposed to just simply an unborn child.”

The other side of the aisle isn’t too fond of the judge’s decision, though. In a recent email, Dalton Johnson, the owner of the Alabama Women’s Center said:

“This lawsuit seeks to undermine a woman’s fundamental right to abortion. This is yet one more attempt to harass and intimidate abortion providers. While anti-abortion opponents hope to push abortion care out of reach in Alabama, we remain steadfast in our commitment to serving the women of our state.”


Judge Rules Father Legal ‘Representative’ of Aborted Child in Wrongful Death Lawsuit

Judge Lets Father Represent Aborted Baby in Wrongful Death Suit

Join the conversation!