Breitbart News’ Senior Legal Editor Ken Klukowski said the U.S. Supreme Court’s 1973 decision in Roe v. Wade is blocking an Alabama probate court’s ruling that recognized an aborted baby as a person with legal rights.

“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.

A Madison County, Alabama, probate court made headlines when it recognized an aborted baby as a person with legal rights – a decision that is the first of its kind in the United States.

The decision by Madison County Probate Judge Frank Barger allowed the aborted baby (Baby Roe) and the baby’s father to file a lawsuit against the abortion clinic and the pharmaceutical company that produces the drugs that induced the abortion, reported ABC affiliate WAAY31.

“We have already had a victory, and it was the first one of its kind, ever,” Brent Helms, attorney for Baby Roe’s father, Ryan Magers, said, following the decision to grant Magers’ request to represent Baby Roe’s estate.

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

Helms said that since Alabama recognizes life as beginning at conception, and thus supports the case for Baby Roe’s estate, the case could go before the state Supreme Court.

Klukowski, however, said the U.S. Supreme Court’s decision in Roe is blocking the Alabama probate court’s decision to recognize an unborn baby as a person with rights.

“When the Court (wrongly) declared in Roe that a woman has the right to abortion, it necessarily implied that the unborn baby is not really a person, and therefore has no personal rights,” he said.

“This case also highlights the rights of a father, because a father should generally share some parental rights with a mother when children are concerned,” Klukowski observed. “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.”

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.

“I’m here for the men who actually want to have their baby,” he said in February, nearly two years since his baby was aborted. “It was just like my whole world fell apart.”

Magers filed a lawsuit in Madison County against the Alabama Women’s Center, which performed the abortion, its staff, and the drug company.

“I believe every child from conception is a baby and deserves to live,” Magers said.

According to the lawsuit, Magers’ girlfriend aborted their baby at six weeks.

“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.

“Even though there’s nothing I can do for the situation I was in, there is something I can do for the future situations for other people,” Magers said.

Abortion industry political lobbying organization NARAL condemned the decision on Twitter, calling it “chilling” and “completely unacceptable”:

The abortion clinic must respond to the lawsuit by April 1.

The case is Magers v. Alabama Women’s Center for Reproductive Alternatives, LLC, No. 47-CV-2019-900259.00, in the Circuit Court of Madison County.