A decision of the Madison County Probate Court recognised that an aborted foetus had personhood, allowing its father to sue the abortion clinic and others involved in the termination of the pregnancy.

“We have already had a victory, and it was the first one of its kind, ever,” Attorney Brent Helms told WAAY31.

Judge Frank Barger granted Mr Helms’ request on behalf of client Ryan Magers to represent the estate of “Baby Roe”.

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

Mr Helms believes the case could reach the state’s supreme court as Alabama law recognises that life begins at the point of conception.

“We are confident, and this is a step in the right direction,” Mr Helms said.

The clinic has until April 1 to respond to the lawsuit.