Considering the 'Born-Alive' Rule and Possession of Sperm Following Death

Journal of Bioethical Inquiry (2011) 8:323–327

U. of Adelaide Law Research Paper No. 138

Posted: 22 Oct 2018

See all articles by Bernadette Richards

Bernadette Richards

University of Adelaide - School of Law

Date Written: October 18, 2018

Abstract

In December 2010, the Full Court of the South Australian Supreme Court dismissed an application for judicial review of a decision of the State Coroner that there was jurisdiction to conduct an inquest into the death of a newborn infant. The basis for the application was that there was no “reportable death”—as required under the Coroner’s Act 2003 (SA)—because the infant did not satisfy the “bornalive” rule. It was argued that the infant was not “born alive” and, thus, in turn, there was no “death of a person” as required by s 21 of the Act.

Keywords: born-alive rule, posession of sperm

JEL Classification: K00, K30, K32, K39

Suggested Citation

Richards, Bernadette, Considering the 'Born-Alive' Rule and Possession of Sperm Following Death (October 18, 2018). Journal of Bioethical Inquiry (2011) 8:323–327 , U. of Adelaide Law Research Paper No. 138, Available at SSRN: https://ssrn.com/abstract=3269080

Bernadette Richards (Contact Author)

University of Adelaide - School of Law ( email )

Adelaide, South Australia 5005
Australia

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