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In re T.A.C.P.

Supreme Court of Florida

609 So.2d 588 (1992)

Relevant factsFree

After learning their unborn daughter had anencephaly, a fatal congenital condition, T.A.C.P.'s parents carried her to term and delivered her by caesarean hoping her organs could be transplanted to save other newborns; the hospital refused to declare her legally dead because her condition did not satisfy the state's statutory death definition, fearing civil and criminal liability, and the question was certified to the Florida Supreme Court.

IssueFree

May an anencephalic newborn be declared legally "dead" for purposes of organ transplantation based solely on its medical deformity?

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