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The born alive rule was originally a principle at common law in England that was carried to the United States and other former colonies of the British Empire. First formulated by William Staunford, it was later set down by Edward Coke in his Institutes of the Laws of England: "If a woman be quick with childe, and by a potion or otherwise killeth it in her wombe, or if a man beat her, whereby ...
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 rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is "born alive".U.S. courts have overturned this rule, citing recent advances in science and medicine, and in several states feticide statutes have been explicitly framed or amended to include fetuses in utero.
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 ...
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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.
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]