Judge dismisses wrongful death lawsuit over abortion

MONTGOMERY, Ala. (AP) — An Alabama judge has dismissed a wrongful death lawsuit filed by man against the abortion clinic where his ex-girlfriend obtained an abortion.

Madison County Circuit Judge Chris Comer ruled Friday that Ryan Magers could not bring a wrongful death claim over a legal abortion.

Magers had sued the Alabama Women’s Center in Huntsville on behalf of himself and the estate of the aborted embryo.

The Alabama case drew national attention in March after a probate judge allowed Magers to open a legal estate for the aborted embryo called “Baby Roe.” The decision came months after Alabama voters approved a state constitutional amendment saying Alabama recognizes the rights of the “unborn.”

The ruling says that although Magers placed “great significance to the probate court’s” decision, the circuit judge did not.


This story has been corrected to say the judge ruled Friday, not Monday.

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