For the first time ever, an unborn baby who was aborted against the wishes of its father has been named as a plaintiff in a lawsuit filed in an Alabama court this week.

According to FoxNews.com, Ryan Magers, 19, filed a lawsuit on behalf of his unborn child, named “Baby Roe”, who was killed when his girlfriend had a medication abortion against his will.

“Madison County probate court Judge Frank Barger allowed Magers to name his aborted child as a co-plaintiff in his case against Alabama Women's Center for Reproductive Alternatives in Huntsville, a move that came just four months after the passage of an amendment that gave fetuses personhood, or the same legal rights as any other person, under the state constitution,” Fox reports.

Alabama recognizes the personhood of a fetus which is why Magers can sue on behalf of both the unborn child and himself.

The suit names “Ryan Magers, individually and on behalf of his deceased child, "Baby Roe" as Plaintiff and the “Alabama Women's Center for Reproductive Alternatives" as well as the pharmaceutical company that manufactured and distributed the “pill designed to kill unborn children" as Defendants in the case.

“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,” Attorney Brent Helms said in a statement. “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.”

Helms believes the case could make it to the Supreme Court.

"I'm here for the men who actually want to have their baby," Magers told WAAY 31. "I believe every child from conception is a baby and deserves to live."

Pro-abortion leaders reacted with alarm over the case. Ilyse Hogue, president of NARAL Pro-Choice America took to Twitter, calling it a “very scary case” that is “asserting woman’s rights third in line.”

The abortion clinic has until April 1 to respond to the suit.

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