Skip to content
Deacon Keith Fournier Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you. Help Now >

Judge dismisses wrongful death suit filed on behalf of aborted baby

Free World Class Education
FREE Catholic Classes

A judge in Alabama has dismissed a wrongful death lawsuit filed by the father of a six-week old aborted baby.


Catholic Online (
9/3/2019 (11 months ago)

Published in Living Faith


Montgomery, Ala., (CNA) - A judge in Alabama has dismissed a wrongful death lawsuit filed by the father of a six-week old aborted baby.

Court documents allege that a then-16-year-old Alabama woman obtained a medication abortion in February 2017, despite the protestations of her boyfriend, Ryan Magers who said he was the father of the child.

Magers subsequently sued the Alabama Women's Center for Reproductive Alternatives in Huntsville, saying that he had wanted to keep the child.

Alabama voters approved changes to the state constitution - " Amendment 2 - " in November 2018 to establish a right to life of unborn children, known as a "personhood clause." The measure passed with 60 percent support from the public. The state also has statutes defining "personhood" as beginning at conception, as well as several opinions from the Alabama Supreme Court doing the same.

In an Aug. 30 ruling, however, Madison County Circuit Judge Chris Comer said none of these measures are legally applicable, due to the 1973 Roe v. Wade Supreme Court case that established a "right to abortion" nationwide, as well as federal and state laws on abortion that are currently in effect.

Magers' attorney had created an estate for the unborn baby, arguing that doing so granted personhood to the baby, identified in court documents as Baby Roe.

But Judge Comer disagreed, saying the estate creation process was "ministerial in nature."

Brent Helms, Magers' attorney, told CNA in March that the case is believed to be the first of its kind in the United States, and hopes to establish a new precedent in what is legally "uncharted territory."

The lawsuit names as wrongdoers the manufacturer of the pill that terminated the unborn baby's life, the abortion clinic, the doctor, the nurses, and all those who participated in the abortion.

If those entities are found liable for the wrongful death of Baby Roe, Helms said in March, then what was once a profit-making industry will now be subject to liability.

"And the question for them will be, 'are we more subject to liability than we are to profitability?' If a drug manufacturer determines that they're going to be held liable for an abortion in the state of Alabama, I doubt they're going to send any kind of pills to Alabama for an abortion," he said.

"So I would think [their] conclusion would likely be that liability outweighs profitability, and therefore abortion is eliminated in the state of Alabama. It's just a simple business decision."

Face Mask with Cross BOGO 50% OFF

Helms told local WHNT News 19 this week that they plan to appeal Judge Comer's decision, saying, "As this is the first case of its kind, we expected to have to appeal to a higher court. At this point, we are exactly where we thought we'd be."


'Help Give every Student and Teacher FREE resources for a world-class Moral Catholic Education'

Copyright 2019 - Distributed by THE CALIFORNIA NETWORK

Shop Catholic - Buy One Get One 50% OFF

Mix and match any of these bestselling products and enjoy 50% off the second item!

Never Miss any Updates!

Stay up to date with the latest news, information, and special offers.

Act of Contrition PDF

Free Catholic Educational PDF Downloads and Resources

PDF educational resources for Students, Parents, and Teachers and it’s 100% FREE. How to Pray the Rosary, Hail Mary, Our Father, Saints, Prayers, Coloring Books, Novenas, Espanol and more. All FREE to download and faithful to the Magisterium. Download Now >

Catholic Online Logo

Copyright 2020 Catholic Online. All materials contained on this site, whether written, audible or visual are the exclusive property of Catholic Online and are protected under U.S. and International copyright laws, © Copyright 2020 Catholic Online. Any unauthorized use, without prior written consent of Catholic Online is strictly forbidden and prohibited.

Catholic Online is a Project of Your Catholic Voice Foundation, a Not-for-Profit Corporation. Your Catholic Voice Foundation has been granted a recognition of tax exemption under Section 501(c)(3) of the Internal Revenue Code. Federal Tax Identification Number: 81-0596847. Your gift is tax-deductible as allowed by law.