Ryan Magers, 19, claims his girlfriend got a medicated abortion at the Alabama Women's Centre for Reproductive Alternatives in Huntsville in February 2017 when she was six weeks pregnant, according to legal documents, even though he urged her not to terminate the pregnancy.
The dad added that she was 16 and a high school senior when she got pregnant and that Magers was 19 and unemployed at the time.
A Madison County, Alabama, probate court made headlines when it recognized an aborted baby as a person with legal rights - a decision that is the first of its kind in the United States.
Alabama voters a year ago passed an amendment to the state constitution with a 59 percent yes vote that recognizes the fetuses' rights. This decision came four months after the state passed a law that gave fetuses the same legal rights as any other person. "And that allows Ryan to sue on his own behalf and then as the administrator of the estate of Baby Roe".
"It represents the real-life consequences of anti-choice "personhood" policies", she said, "which, by design, seek to demote the fundamental rights of women, and are a stepping stone in the anti-choice movement's ultimate goal of criminalizing abortion and punishing women".
Helms explained that in a follow up to the petition called a Memorandum in Support of Letters of Administration, Baby Roe's status as a fetus is clear.
Huntsville-based Alabama Women's Centre for Reproductive Alternatives and an unknown pharmaceutical company that manufactures pills "designed to kill unborn children" were named as defendants.
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Magers defended his suit saying, "It can further pursue not only me, but other fathers, other future fathers, can pursue it as well".
Helms anticipates that the case, which is now in Alabama's lowest state courts, will likely make its way to the state's Supreme Court. 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".
"This is the first estate that I'm aware of that has ever been opened for an aborted baby", he told WAAY 31.
Ilyse Hogue, president of NARAL Pro-Choice America, tweeted Tuesday that the Alabama lawsuit is a "very scary case".
And, well-known local attorney Mark McDaniel said given the clash between state law and federal law, the case could wind up before the U.S. Supreme Court.
The attorney said the State of Alabama recognizes life beginning with conception, and this case could put that law to the test.
The abortion clinic must respond to the lawsuit by April 1.