The question of whether an infant was born alive has received much attention in the forensic literature. The volume of literature reflects the degree of controversy surrounding the techniques employed and their varied interpretation and utility. The majority of the investigation has been focused on the question "Has the infant breathed?" to determine if an infant was born alive by utilizing techniques that assess aeration of the lungs. However , caution must be employed when interpreting these techniques due to the well-recognized limitations in their interpretation, particularly in the presence of gaseous decomposition and/or resuscitation efforts. Although in some instances there may be irrefutable evidence that the infant was born alive, there is no single finding that can reliably be utilized to answer the question "Was the infant born alive?" in every case. Hence, the approach to postmortem investigation continues to include a wide range of observations, dissections, special techniques, and ancillary tests to assist the pathologist to form a considered opinion. There are a number of more recently described techniques which show great promise in assisting to answer this question including advanced imaging and immunohistochemical studies of the umbilical cord. It remains, though, that in many cases it is not possible to definitively answer this question and stillbirth should be assumed due to the potential legal implications of determining that an infant was born alive.

Death investigation in Australia was initially founded on the British coronial system. Today it continues to operate under a coroner-based service with each of the individual self-governing states and territories responsible for enacting and administering their own coronial legislation. This has led to some variation within Australia; however, there is broad similarity. Deaths reported to the coroner generally include those where the cause is unknown, there are violent/unnatural circumstances, the death is as a result of an anesthetic or medical procedure, the death occurred whilst held in care/custody, or the identity of the deceased is unknown. Coroners are legally qualified individuals who are appointed to administer the Coroners' Act, but have no medical training. They are required to investigate deaths to determine who a deceased person is, as well as, how, when, where and what caused them to die. This is an inquisitorial process with the purpose of determining the circumstances of death to serve the public interest. Their findings are presented in a written report that outlines the circumstances surrounding death in an attempt to indicate whether a death was natural or unnatural (due to external factors), and in the case of unnatural deaths, to outline the intent and external factors that led to death. Hence, the “manner of death” is presented as a narrative within the coroners' findings. The coroners use information obtained during their investigations to make recommendations about public health policy, justice, and the prevention of similar deaths in the future.

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