VIABILITY (from the French vie). Capa bility of living. A term used to denote the power a new-born child possesses of contin uing its independent existence; a power not acquired as a rule before the sixth or seventh month of intrauterine life.
That a child may be viable, it Is not only neces sary' that its organs should be in a normal state, but also that all the physiological and pathological conditions which • are capable of opposing the es tablishment or prolongation of its life should be absent.
Although a child may be born with every appear ance of health, yet, from some malformation, it may not possess the physical power to maintain life. Under these circumstances, it can only be said to have existed temporarily or only so long indeed as was necessary to prove that it was not viable.
It is important to make a distinction between a viable and a non-viable child, although the latter may outlive the former. 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 pos
sesses the organs essential to life, in their integrity ; while the latter has some imperfection which pre vents the complete establishment of life.
As it is no evidence of non-viability that a child dies within a few hours of its birth, neither is it a proof of viability if a child appears to be well and the function of respiration he fully established. The question of viability presents itself to the medical jurist under two aspects: first, with respect to infanticide, and second, with respect to testamen tary 'gifts and inheritances. Hillard on Infants. translation by James Stewart, M. D., Appendix ; Briand, med. Leg. lore parttie, c. 6, art. 2. See 2 Savigny, Dr. Rom. Append. III., for a learned dis cussion of this subject ; also 2 Taylor, Med. Jurlspr.