Ryan Magers said that his girlfriend became pregnant in early 2017. She told him she wanted to abort the child. He told her that he wanted to keep the baby.
“At some point after discovering that she was pregnant, the Mother set up an appointment to have Baby Roe aborted at Alabama Women’s Center,” Mager’s attorney wrote in the lawsuit. “In between the discovery of the pregnancy and the date of the appointment, Plaintiff repeatedly pleaded with the Mother not to kill Baby Roe.”
Despite the pleas, the prospective mother proceeded with the abortion on Feb. 10, 2017. The unborn baby was six weeks old at the time.
"It was just like my whole world fell apart…"Ryan Magers, the would-be father of aborted #BabyRoe sat down to talk with Sarah Singleterry WAAY 31 yesterday about the lawsuit filed against the Huntsville Women's Clinic for wrongful death of an unborn child. "I believe every child from conception is a baby and deserves to live," Magers said.
Posted by Personhood Alabama on Thursday, 7 February 2019
Citing Alabama law, Mager believes that the fetus was a legal person. If so, the abortion was murder. He said the abortion clinic “wrongfully caused” the baby’s death.
Magers’ petitioned to represent Baby Roe’s estate, a request granted by a Madison County probate judge.
According to Magers’ attorney Brent Helms, it’s the first time that an aborted fetus was recognized as a person with legal rights.
“This is the first estate that I’m aware of that has ever been opened for an aborted baby,” Helms told WAAY-TV. “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.”
In a statement, Helms added: “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.”
“Baby Roe's innocent life was taken by the profiteering of the Alabama Women’s Center and while no court will be able to…
“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,” he said.
Magers said the process has opened up the possibility for other future potential fathers. “I’m here for the men who actually want to have their baby,” he told WAAY-TV, adding that when his girlfriend got the abortion, “It was just like my whole world fell apart.”
“I believe every child from conception is a baby and deserves to live,” Magers added.
The Alabama Women’s Center has until April 1 to respond to the lawsuit. It did not comment specifically on the lawsuit but the owner said that at six weeks into the pregnancy, a prospective mother can choose to get an abortion either by medication or surgery.
Trump Administration Announces Ban on Abortion Referrals
The Trump administration announced on Feb. 22 that it will ban taxpayer-funded facilities from promoting or performing abortions.
The administration said it will also bar the family planning centers from referring women to other clinics to get abortions.
The ban affects the Title X family planning program, which focuses on providing family planning services to low-income families.
Congress established the program in 1970 and stated clearly in the legislation that funds couldn’t be used to support abortion.
One of the major provisions of the new final rule is prohibiting the funds from being used “to perform, promote, refer for, or support abortion as a method of family planning,” the Department of Health and Human Services stated in a press release.
The rule “permits, but no longer requires, nondirective pregnancy counseling, including nondirective counseling on abortion,” and removes the requirement for abortion referral and replaces it with the prohibition on abortion referral. It also puts in place guidance for clinics to encourage communication between young pregnant mothers-to-be and their families.
The rule is set to take effect in 60 days.