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Judge Frank Barger allowed Mr Magers to name his aborted child as a co-plaintiff in his case against Alabama Women's Centre, a move that came just four months after the passage of an amendment that gave foetuses personhood, or the same legal rights as any other person, under the state constitution.

The dad added that she was 16 and a high school senior when she got pregnant and that Magers was 19 and unemployed at the time. Meager is now seeking a trial by jury.

"This is the first estate that I'm aware of that has ever been opened for an aborted baby", Helms told WAAY 31.

"I'm here for the men who actually want to have their baby", he said.

Personhood Alabama and a father whose baby was aborted against his will won a legal victory Tuesday with a probate judge formally recognizing Ryan Magers' child as a legal person, allowing his case against the abortion center responsible to proceed.

However, he said, "biological development matters in terms of how we treat an embryo or a fetus legally and morally", which is why even many Americans who support abortion rights feel uncomfortable with the idea of third-trimester abortions.

Magers defended his suit saying, "It can further pursue not only me, but other fathers, other future fathers, can pursue it as well".

The Alabama Women's Center for Reproductive Alternatives has until April 1 to respond to the suit.

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Magers' lawyer Brent Helms said he was confident that the case could make it to the state supreme court - because existing law in Alabama recognizes that life begins at conception. Gualberto Garcia Jones, president of the D.C. -based Personhood Alliance, said Wednesday that he is "very hopeful that Alabama will continue to lead the country in standing up for the rights of the pre-born". By the organization's estimation, the probate court's decision places the rights of a father and an unborn child over those of the mother.

"Unfortunately for pro-life Americans, it is hard to see how this decision can survive review on appeal unless and until the U.S. Supreme Court overrules Roe v. Wade", Klukowski told Breitbart News.

Alabama voters approved an amendment past year declaring "the importance of unborn life".

"But again, Roe, and its modern revision Casey, necessarily imply that these are not children, and therefore that laws concerning paternal rights do not apply to abortion cases".

"This is chilling-and completely unacceptable", wrote NARAL Pro-Choice America on Twitter.

Finally, the law frees the state of Alabama from being required to secure the right or funds required to attain an abortion.

The lawsuit's defendants include the abortion clinic, staff members and a drug maker that manufactured the drug used in the abortion, according to the court filing.