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An Alabama judge has approved a wrongful death lawsuit filed by a 21-year-old man on behalf of an aborted embryo.AL.com reported Wednesday that Ryan Magers is calling the 6-week-old embryo “Baby Roe” in his suit seeking damages from the Alabama Women’s Center for Reproductive Alternatives.Magers was 19 and the girl was 16 when he said he “pleaded” with her not get an abortion. Her parents say it was her decision to take the abortion pill.The case was made possible by Madison County Probate Judge Frank Barger, who ruled that Magers could represent the estate of his ex-girlfriend’s aborted embryo.Magers’ attorney, Brent Helms of Albertville, said the decision gives legitimacy to the lawsuit. "It gives more legs to the lawsuit and it's also pretty monumental because it's the first time a probate court has opened an estate for an aborted baby," Helms told AL.com on Tuesday. "It does establish some precedent in that it recognizes that an aborted baby is a person. I guess that would be the significance of the opening of the estate."Alabama voters approved an amendment last year declaring “the importance of unborn life.”“In this case, it is significant because it is the basis of this lawsuit, which is based on this Amendment 2, which is basically at conception, you’re a person,” Huntsville attorney Mark McDaniel said. “So it has significance certainly in this case. It is saying this 6-week-old (fetus) has rights and they filed a wrongful death action. It wouldn’t stand under Roe v. Wade or Planned Parenthood v. Casey but under Amendment 2 of the Alabama Constitution, if you are recognized as a human being at the time of conception, then certainly this 6-week-old … So in this particular case, it has a lot of significance.”The lawsuit states that the pregnancy was terminated when the fetus was about 6 weeks old.