Considering the 'Born-Alive' Rule and Possession of Sperm Following Death
Journal of Bioethical Inquiry (2011) 8:323–327
Posted: 22 Oct 2018
Date Written: October 18, 2018
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: Suggested Citation