Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(5 ILCS 70/1.36)
Born alive infant.
(a) In determining the meaning of any statute or of any rule, regulation, or
interpretation of the various administrative agencies of this State, 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.
(d) Nothing in this Section shall be construed to affect existing federal or State law regarding abortion.
(e) Nothing in this Section shall be construed to alter generally accepted medical standards.
(Source: P.A. 94-559, eff. 1-1-06.)