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Title 1 — General Provisions

Chapter 1 — Rules of Construction

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

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Born-Alive Infants Protection Act of 2002

    Pub. L. 107–207 § 2(a) · 116 Stat. 926

    Enacted · 1 U.S.C. § 8

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

    Source evidence

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

    Enacted provision · exact public law section
    (a) In General.— Chapter 1 of title 1, United States Code, is amended by adding at the end the following: “§ 8. ‘Person’, ‘human being’, ‘child’, and ‘individual’ as including born-alive infant “(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.”.

1 of 1 references resolved to an enrolled provision

Credits

(Added Pub. L. 107–207, § 2(a), , 116 Stat. 926.)

Parsed from the official OLRC USLM XML in data/usc_all/usc01.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t1/s8