New Mexico court recognizes aborted fetus as person

A New Mexico court recognized an aborted fetus as a person in the case of Wabbington v. Boyd, resulting in a settlement for the child's heirs. Under New Mexico's wrongful death law, the estate of the child, who was killed in utero during the third trimester, collected $200,000.

The lawsuit, argued by Albuquerque medical malpractice attorney Mike Seibel, centered on an abortion performed in 2020 without valid informed consent. The mother was under the influence of methamphetamine when she arrived at the clinic, but the procedure was performed regardless. The legal action also alleged that providers failed to inform the mother of available state support or refer her to the New Mexico Children, Youth, and Families Department.

Seibel described the unborn baby as a person entitled to equal protection under the law. He told Live Action News that this case marks the first time an abortionist has been sued for the wrongful death of a baby. Pro-life organizations have described the litigation as unprecedented.