A grieving Alabama father won an initial victory this week in a lawsuit challenging the abortion facility that aborted his unborn child.

Ryan Magers is suing the Alabama Women’s Center in Huntsville after his girlfriend aborted their unborn baby there against his will. On Tuesday, Madison County Judge Frank Barger granted Magers’ petition to represent the estate of his child, “Baby Roe,” and, as a result, sue the abortion facility on behalf of his late child, according to Vice News.

Attorney Brent Helms, who represents Magers, said the judge’s decision is an initial victory for their case.

“This is the first estate that I’m aware of that has ever been opened for an aborted baby,” Helms told WAAY News.

Helms said Magers pleaded with his girlfriend to have the baby and even took on an extra job to prepare for the baby’s birth, according to Refinery 29. The couple broke up after the abortion.

“I’m here for the men who actually want to have their baby,” Magers told ABC 31 when he announced the lawsuit in February. “I just tried to plead with her and plead with her and just talk to her about it and see what I could do, but in the end, there was nothing I could do to change her mind.”

He said his girlfriend was six weeks pregnant when she had the abortion in 2017. By six weeks, an unborn baby’s heart is already beating; he or she also has their own unique DNA that determines hair and eye color, gender and other traits.

The wrongful death lawsuit is against the Alabama Women’s Center in Huntsville, the abortionist and the pharmaceutical company involved in the abortion.

“Baby Roe’s innocent life was taken by the profiteering of the Alabama Women’s Center and while no court will be able to bring Baby Roe back to life, we will seek the fullest extent of justice on behalf of Baby Roe and Baby Roe’s father,” Helms said in a statement.

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“The time is ripe for consistency in Alabama’s jurisprudence: either we fully acknowledge the personhood of the unborn or we cherry pick which innocents we protect and which ones we trash for profit,” he continued.

The judge’s ruling Tuesday upset abortion activists. NARAL leader Ilyse Hogue called the case “very scary” on Twitter.

Right now in the U.S., fathers do not have any legal rights to protect their unborn children from abortion. State laws requiring that a father be notified or given a say in an abortion have been struck down by U.S. courts.

Not long after Roe v. Wade, the U.S. Supreme Court ruled in the Planned Parenthood v. Danforth case that spousal consent statutes are unconstitutional if the statutes allow the husband to unilaterally prohibit the abortion in the first trimester. In a subsequent case, Coe v. Gerstein, the high court extended that decision to a spousal consent law regardless of the stage of the woman’s pregnancy.

Then, in the 1992 decision Planned Parenthood v. Casey, the U.S. Supreme Court struck down a law requiring that a married woman notify her husband of her plans to have an abortion prior to it taking place.

The case is a strong reminder of how abortion affects more than just a mother and child. There are countless heartbroken fathers across the country who have to bear a lifetime of grief because their partners chose to abort their unborn child against their will.

The Men and Abortion Network (MAN) is available to help fathers of aborted children. It provides free resources to fathers like Magers as well as men who agreed with or even coerced their partner into aborting an unborn baby but now regret it.