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In re T.A.C.P.

Supreme Court of Florida
609 So.2d 588 (1992)


During the eighth month of pregnancy, the parents of T.A.C.P. were informed that she had anencephaly, a lethal, congenital medical condition. On the advice of physicians, the mother carried T.A.C.P. to term and underwent a caesarean section to deliver the newborn with hopes that her organs could be used for transplant purposes. Although the parents expressly requested that T.A.C.P. be declared legally dead so that her organs could be used to save other newborns, the hospital refused to do so because T.A.C.P.’s condition did not meet the state’s statutory definition of “death” and it feared civil and criminal liability as a result. The question of the legal definition of death was certified to the appellate court. The appellate court forwarded the “certified” question to the Supreme Court of Florida.

Rule of Law


Holding and Reasoning (Kogan, J.)

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