Alabama judge throws out teen’s lawsuit against abortion clinic on behalf of aborted child

An Alabama teen father's "wrongful death" lawsuit against an abortion clinic filed on behalf of his aborted fetus has been dismissed.

Madison County Circuit Judge Chris Comer ruled last Friday that Ryan Magers, now 21, could not bring the wrongful death claim because it was a "legal abortion." The case gained national attention in March after a county court recognized the aborted fetus as the plaintiff "Baby Roe" in the first-of-its-kind lawsuit.

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"We are suing the clinic, the manufacturer of the pill, going after the doctor and going after any professional organization the doctor is affiliated with," Magers' attorney J. Brent Helms told Fox News earlier this year, adding that "if they are all held liable, it would put a dent on the profitability of abortions."

Magers brought his case after the state's new constitutional amendment saying Alabama recognizes the "rights of unborn children," thus allowing him to represent the estate of the aborted embryo until Friday's decision.

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Both Magers and his girlfriend were teens when she got pregnant in 2017 and allegedly used an abortion pill provided by an abortion clinic at about six weeks along into the pregnancy.

The clinic, Alabama Women's Center, asked for the case to be dismissed and was "elated" to hear the news, calling Magers' suit a "thinly veiled attempt to abolish abortion, and to harass and intimidate abortion providers and women."

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Helms anticipated the dismissal and is weighing the option of an appeal.

"We expected it would be dismissed at the trial court level," he said in a statement. "We knew we had to get to the appellate court level before we'd get traction."

The Associated Press contributed to this report.