Abortion rights groups expressed alarm, saying the Alabama judge's decision last month sets a unsafe precedent at a time when the idea of "fetal rights" - which recognize embryos and fetuses as separate from the women who carry them - is gaining currency in state legislatures, courts and law enforcement agencies.
An Alabama county court recognized "Baby Roe" as a legitimate plaintiff in the case, just four months after the state amended its constitution to recognize the personhood and rights of unborn children.
Ryan Magers, 19, of Madison County, claims his girlfriend got a medicated abortion at the Alabama Women's Center for Reproductive Alternatives in Huntsville in February 2017 when she was six weeks pregnant, according to legal documents, even though he urged her not to terminate the pregnancy.
"The woman? When the fetus becomes a person as per Alabama "personhood law", a woman is rendered a walking incubator with less rights than a fetus and the man".
Madison County probate judge Frank Barger issued the decree which stated that "Baby Roe" was a living person, allowing plaintiff Ryan Magers to appoint the foetus as a co-plaintiff in a wrongful death lawsuit.
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In the lawsuit, Magers said while he lost his baby to abortion, he pursued the lawsuit for other men who are in the same situation.
"It's the first time in the country that an aborted foetus has been recognised as having legal rights", Brent Helms, Mr. Magers' attorney, told local news outlet WHNT 19. "I believe every child from conception is a baby and deserves to live".
But WHNT said it's not clear if Barger knew what he was granting.
Helms says the case is "vesting this deceased unborn child with legal rights".
Helms anticipates that the case, which is now in Alabama's lowest state courts, will likely make its way to the state's Supreme Court.
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"I'm here for the men who actually want to have their baby", Mr Magers told WAAY 31.
Hannah Ford, spokeswoman for Personhood Alabama, said the lawsuit stands in stark contrast to a new NY law and a proposed Virginia law that support abortion up to the moment of birth.
One of the main proponents for Amendment 2, Personhood Alabama, brought the wrongful death lawsuit against Alabama's Women's Center with Magers.
". While a lot of liberal states have been increasingly active in assaulting the pre-born's personhood, in Alabama, they have consistently upheld the view that the pre-born child is a person deserving equal protection under the law", Jones also said.
Ilyse Hogue, the president of NARAL Pro-Choice America, called it a "very scary case" that is "asserting woman's rights third in line" on Twitter.
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The abortion clinic has until April 1 to respond to the lawsuit.