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Simple English definitions for legal terms
born-alive test
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A quick definition of born-alive test:
Born-Alive Test: This is a test to see if a baby is born and can live on its own outside of its mother's body. It means that the baby is no longer connected to the mother and can breathe and survive on its own.
A more thorough explanation:
Definition: The born-alive test is a legal concept that determines whether an infant is considered a person under the law. There are two parts to the test:
- Under common law, the infant must be completely expelled from the mother's womb and have a separate and independent existence from the mother.
- The infant must be capable of living a separate and independent existence at the time of birth, regardless of how long they actually live.
For example, if a baby is born prematurely and cannot survive outside of the mother's womb, they would not pass the born-alive test and would not be considered a person under the law. However, if a baby is born and is able to breathe on their own, they would pass the test and be considered a person under the law.