Born alive rule

Born Alive Rule refers to a legal principle within common law jurisdictions that defines the status of a newborn as living, and thus entitled to the same legal rights as other living persons, if it shows any sign of life following birth, irrespective of the stage of pregnancy at which the birth occurs. This rule has significant implications in both criminal law and civil law, particularly in cases involving the harm or death of a fetus or newborn.

Overview

The Born Alive Rule originates from English common law, which historically did not consider a fetus to have separate legal rights until it was born alive. Under this rule, a child was considered "born alive" if it demonstrated any sign of life, such as breathing, heartbeat, pulsation of the umbilical cord, or definite movement of voluntary muscles, after being completely expelled or extracted from its mother.

Legal Implications

In the realm of criminal law, the Born Alive Rule has been pivotal in cases of infanticide, homicide, and wrongful death. It delineates the threshold at which legal protections against harm or death begin to apply to a newborn. For instance, charges of homicide can only be brought if the victim was born alive under the definitions provided by this rule.

In civil law, the rule affects the ability of newborns to inherit property, sue for damages through a representative, and have rights to support and care. It also has implications for medical malpractice suits, where the treatment of a newborn, or the lack thereof, can come under legal scrutiny based on whether the child was born alive.

Contemporary Issues

The application and relevance of the Born Alive Rule have evolved, particularly with advances in medical science and changes in societal attitudes towards abortion and the rights of the unborn. Some jurisdictions have modified or supplemented the rule with statutes to address scenarios involving viability, medical interventions, and the rights of fetuses that may survive an abortion procedure.

Criticism and Reform

Critics of the Born Alive Rule argue that it is outdated and does not adequately reflect modern understanding of fetal development or the capabilities of neonatal care. There have been calls for reform to ensure that the legal definition of being "born alive" aligns with current medical standards and ethical considerations, particularly in cases involving extremely premature births.

Conclusion

The Born Alive Rule remains a foundational legal principle that determines the point at which a newborn is recognized as a living person with rights. Its application and interpretation continue to evolve, reflecting changes in law, medicine, and society's values regarding the beginning of life and the rights of the unborn and newborn.