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It passed into law on August 5, 2002. [7] The law defines a "born alive" infant as the complete expulsion of an infant at any stage of development that has a heartbeat, pulsation of the umbilical cord, breath, or voluntary muscle movement, regardless of circumstances of birth or severance of the umbilical cord, and provides rights for
Even though under Roman law the fetus was not a legal subject, it was a potential person whose property rights were protected after birth. [15] Roman jurist Ulpian noted that "in the Law of the Twelve Tables he who was in the womb is admitted to the legitimate succession, if he has been born". [ 16 ]
The Born-Alive Infants Protection Act of 2002 ("BAIPA" Pub. L. 107–207 (text), 116 Stat. 926, enacted August 5, 2002, 1 U.S.C. § 8) is an Act of Congress. It affirms legal protection to an infant born alive after a failed attempt at induced abortion.
A child born to a married woman or within 300 days of divorce has the husband as legal father (presumption of paternity) The presumption does not apply if the presumed parents were not (formally) living together 300 days prior to the birth, unless the presumed parents make a declaration at the registration of the birth.
The infant would be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired.” He never indicated that an abortion could be performed after birth ...
All legal statutes declare that the mother or parents are allowed to make the decisions regarding a child's education, religion, medical care, and deciding where the child will live. A biological mother, fathers married to the mother before or after the child's birth, and as of 2003 [update] , fathers on their child's birth certificate are ...
[16] [86] Other legal code sections declared that the only people who can legally perform legal abortions are licensed American Samoan physicians. [16] [86] Legal code sections 46.3902 and 46.3903 made any attempt to terminate a pregnancy except in the case of saving the physical or mental health of the mother a crime. [16] [86] [88]
Whether the birth is vaginal or by caesarean section, and whether the neonate is ultimately viable, is irrelevant. The definition of the term "live birth" was created by the World Health Organization in 1950, and is chiefly used for public health and statistical purposes. However, the term "live birth" was in common use long before 1950. [2]