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1 U.S.C. § 8“Person”, “human being”, “child”, and “individual” as including born-alive infant

submitted 24 years ago by Pub. L. 107-207 to r/title-1-GENERAL-PROVISIONS · 190 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says the words 'person,' 'human being,' 'child,' and 'individual' in federal law include any infant born alive, at any stage of development. It defines exactly what 'born alive' means. It does not change any legal rights that apply before birth.

(a) When figuring out the meaning of any Act of Congress, or of any ruling, regulation, or interpretation by a federal agency, the words "person," "human being," "child," and "individual" include every infant of the species homo sapiens who is "born alive," at any stage of development. (b) "Born alive" means: the infant has been completely expelled or removed from the mother's body, at any stage of development, and after that, the infant breathes, or has a beating heart, a pulsing umbilical cord, or definite voluntary muscle movement. This counts as "born alive" no matter whether the umbilical cord has been cut, and no matter whether the expulsion or removal happened through natural labor, induced labor, a cesarean section, or an induced abortion. (c) Nothing in this section confirms, denies, expands, or limits any legal status or legal right that applies to a member of the species homo sapiens before that member is "born alive," as this section defines it.
the actual law source: uscode.house.gov ↗public domain
(a)

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.

(b)

As used in this section, the term “born alive”, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.

(c)

Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being “born alive” as defined in this section.

Source credit: (Added Pub. L. 107–207, § 2(a), Aug. 5, 2002, 116 Stat. 926.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-207 · 116 Stat. 926

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-207 on 2002-08-05.

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