Sec. 3. (1) A perinate shall be considered a legally born person for all purposes under
(2) A physician or an individual performing an act, task, or function under the delegatory
authority of a physician is immune from criminal, civil, or administrative liability
for performing any procedure that results in injury or death of a perinate while completing
the delivery of the perinate under any of the following circumstances:
(a) If the perinate is being expelled from the mother's body as a result of a spontaneous
(b) If in that physician's reasonable medical judgment and in compliance with the
applicable standard of practice and care, the procedure was necessary in either of
the following circumstances:
(i) To save the life of the mother and every reasonable effort was made to preserve
the life of both the mother and the perinate.
(ii) To avert an imminent threat to the physical health of the mother, and any harm to
the perinate was incidental to treating the mother and not a known or intended result
of the procedure performed.
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