When you think about a child, you might wonder when they are considered a human being under the law. A child is considered a human being when they are completely out of their mother's body and alive. It does not matter if they have breathed or not, or if the cord is cut.
If a child dies because of injuries they got before, during, or after birth, this is considered homicide. You need to understand that this is a serious matter under the law. The law is clear about what happens in these situations.
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329301.
A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.
The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.
