An Alabama man has filed a lawsuit against an abortion clinic for performing the procedure without his consent, as he was attempting to stop it.

Probate Judge Frank Barger has also agreed to let the man’s lawyer represent the estate of “Baby Roe,” the baby that was aborted.

This is believed to be the first US case in which an aborted fetus has been recognized to have legal rights.

According to a report from WHNT News 19, it is unclear if Judge Barger knew he was granting rights to an aborted fetus, as the filing did not refer to the baby as such. The judge has declined to comment on the case.

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Ryan Magers filed his lawsuit against Alabama Women’s Center for Reproductive Alternatives, LLC. for aborting a baby that he claims was his, without his consent. He claims that he was seeking legal council at the time of the abortion, but was not given an opportunity to try to stop it.

According to the lawsuit, Baby Roe was aborted on February 12, 2017 at the clinic in Huntsville — despite Magers wanting to keep the baby. The lawsuit claims that the mother was six weeks pregnant when she took the abortion pill to terminate the pregnancy.

Magers is seeking a jury trial in the case.