Legal Definitions - born-alive test

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:

1. Under common law, the infant must be completely expelled from the mother's womb and have a separate and independent existence from the mother.
2. 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.