Judge OKs Wrongful-Death Suit on Behalf of Aborted Embryo

MONTGOMERY, Ala. (AP) — An Alabama judge's ruling has given legal standing to an aborted embryo.

Madison County Probate Judge Frank Barger earlier this week opened an estate for "Baby Roe" and said 21-year-old Ryan Magers could represent the estate.

Magers filed a lawsuit in February against the Alabama Women's Center for Reproductive Alternatives, which the suit says provided his ex-girlfriend with the abortion pill. The center didn't comment. Both abortion and the pill are legal under federal and state law. But Alabama voters last year approved a state constitutional amendment declaring "the importance of unborn life."

J. Brent Helms is Magers' attorney. He said Friday that he cited the amended constitution in a memorandum filed with the judge.

Helms says the case is "vesting this deceased unborn child with legal rights."

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