unborn child
Defined in 3 dictionaries — Case Law, U.S. Code, Bouvier (1914)
Definitions from Case Law
From 492 U.S. 490 - Webster v. Reproductive Health Services · 1989Most cited · 828 citing opinions
a child or children or the offspring of human beings from the moment of conception until birth at every stage of biological development.
United States Code
10 U.S.C. § 919A — in this section
In this section, the term “unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.
18 U.S.C. § 1841 — as used in this section
As used in this section, the term “unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
Where a woman was injured during pregnancy by a highway collision, she was held entitled to damages for mental distress due, before the birth of the child, to her fear that it would be deformed, but not for mental suffering after the birth caused by its then deformity; Prescott v. Robinson, 74 N. H. 460, 69 Atl. 522, 17 L. R. A. (N. S.) 594, 124 Am. St. Rep. 987. A child cannot bring an action for damages caused by the negligent act of a carrier before its birth; 26 L. R. Ir. 69; Nugent v. R. Co., 154 App. Div. 667, 139 N. Y. Supp. 367. Where a pregnant woman was injured by negligence of the employes of a hospital to which she went for her confinement, and this caused permanent deformity of the child, it was held that the child had no right of action; Allaire v. St. Luke’s Hospital, 184 111. 359, 56 N. E. 638, 48 L. R. A. 225, 75 Am. St. Rep. 176. A woman four or five months advanced in pregnancy fell by reason of a defect in the highway and had a miscarriage; the child was alive when delivered, but died before it was severed from its mother. It was held that no right of action accrued to the administrator of the child; Dietrich v. Northampton, 138 Mass. Am. St. Rep. 629, and Nugent v. R. Co., 154 App. Div. 667, 139 N. Y. Supp. 367, where the premature birth of the child was caused by injury to its mother before its birth, the child living only a short time, it was held that there could be no right of recovery for death by wrongful act; and so in Buel v. Rys. Co., 248 Mo. 126, 154 S. W. 71, 45 L. R. A. (N. S.) 625, where the injury was caused to the unborn child which ultimately caused its death before delivery. Where the father of an unborn child was killed in a railroad accident, the child could recover; Herndon v. R. Co., 37 Okl. 256, 128 Pac. 727. See En Ventre sa M£re; Tort.