VIABILITY (from the French vie). Capability of living. A term used to denote the power a new-born child possesses of con tinuing its independent existence.
2. That a child.may be viable,. it is neces sary that not onlY the °kens should be.iii; a normal . state, but likeviise all' the physible gical and' pathological' causes. whieli are Capable of' opposing the establishment or prolongation of its life be' absent.
Although a child' may be born with every appearance of health, yet; from sonae malform ation, it may not possess. the physical power to maintain life, but'Whiet must cease from "'necessity. Under these circumstances, it can 'aot be said to exist but. temporarily,—no longer, indeed, than is necessary to prove that a continued existence is impossible.
It is 'important to make a distinetion between. a viable, and a. riOn-Viabla,,altild, although• the latter may outlive the fornier. .The Viable. child May die of some disease.on -the day of its birth; while a.non-viable, child may live a fortnight.. The, former .posses,ses the organs essential to life, in their integrity ; ;While the latter' hits some iinperfection'which pre-Vents the'conapleee establiihment of. life.
As. itis no evidence of non-viability that a Child dies within. a, few hours of its • _neither is it. a proof 'of. viability if a child ap peara tb be welt and 'the function of respira tion be fully established.
' 3. There are,manya,ffections which a child -may have at birth, that are not necessarily •niortal:• such as transposition of some of 'the organs, and'other•malformations. There
are also many:diseases which, without being ineoessarily, mortal t are •an impediment to the establishment of independent life, affecting -differentparts of' tile sys•tem such as inflam Miation; in addition to many malformations. 'There is a third •elass, in which are many af ,6ctions that are necessarily.mortal: emir its It.general softening of the mucous me.mbrane :Of the stOmach • and' intestines, developed -before birth; or the absenoe.of the stomach, •and al:Lumber of 'other malfcirmations. These :distinetioni are of great importance ; for chil dren affected by peculiarities of the first order inust • be. considercd: as . viable ;;Affections- of the second. may .constitute extenuating cir cunistances, in questions of infanticide; while those of the third admit of no discussion, on the subject of ..theirr The question of mithility.preSents itself to the medieiti- jurist.under two itspects:•frit, with respect to infanticide; and aetond...witb respect to testamentary grants and inherit ances. Hillard. on Infants, translation-„by James Ste.wart„ M.D., Appendix ;• "Driapd, Med': Leg: Ike. partie, c. '6"," Mt '2.. -See ,2 Savigny,Dr. Rom. Append. III., for a learned discussion of this subject.