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you are here: > Americas Union Civil Code
> Article 76
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2. Human life | |
| 2.2 Standards of a human child | ||
| Article 76-Death of a human child | ||
| 76.1 | Death of a human child | |
| Proof of death of a person under 16 years of age is established by either a certificate of death or by declaratory judgment of death by the Courts according to the article of this Code. |
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| 76.2 | Certificate of death | |
| A certificate of death of a child is an official document issued by an authorized and competent person stating the person in question has been officially pronounced dead. There are three permitted types of certificates of death (“death certificates”)- (1) supervised death certificates (2) conclusive death certificates. (3) inconclusive death certificates |
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| (1) Supervised death certificate A supervised certificate of death may only be issued when a child has died under authorized medical supervision and the complete facts of the death are generally known, including: (i) The proper name of the deceased (ii) The precise date and time of death (iii) Medication and other drugs supplied (iv) The location of death (v) The most likely cause of death (vi) The people in attendance at the time of death |
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| (2) Conclusive death certificate A complete certificate of death may only be issued when a child has died and the complete facts of the death are generally known, including: (i) The proper name of the deceased (ii) The general date and time of death (iii) Medication and other drugs supplied (iv) The location of death (v) The cause of death (vi) The people in attendance at the time of death |
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| (3) Inconclusive death certificate An inconclusive certificate of death may only be issued when a child has died and the complete facts of the death are not generally known, including: (i) The proper name of the deceased may or may not be known; (ii) The general date and time of death may or may not be known (iii) The location of death may or may not be known; (iv) The cause of death may or may not be known. (v) The people in attendance at the time of death may or may not be known |
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| 76.3 | Authority to issue certificates of death of a child | |
| Under the Code, only the Coroner shall be permitted to issue all certificates of death of children subject to the conditions of coronial inquiry and investigation. |
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| 76.4 | Coronial inquiry and investigation | |
| Excluding deaths of children in supervised and competent medical care, all other deaths of children and all unclaimed/unchecked remains of children shall be subject to official autopsy to establish either a conclusive certificate of death or an inconclusive certificate of death. |
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| Where the coroner is only able to establish an inconclusive certificate of death, an official Coronial inquiry shall be called to assist in the obtaining of further facts to attempt to re-issue a conclusive certificate of death. |
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| 76.5 | Organ donation and coronial inquiry | |
| Where a child dies under competent authorized medical supervision of natural causes and the Coroner is likely to issue a supervised certificate of death, and where the parents/guardians have indicated as willingness for the organs of the child to be donated for transplant, the Coroner shall release the body to authorized medical staff for tissue harvesting prior to the issue of a supervised certificate of death. |
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| 76.6 | Declaratory judgment of death | |
| A declaratory judgment of death may be pronounced on the application of any interested person, including the Public Trustee, four (4) years after a child’s disappearance. |
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| It may also be pronounced before that time where the death of a child domiciled in Americas Union or presumed to have died there may be held to be certain although it is impossible to draw up an attestation of death. |
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| A declaratory judgment of death states the name and sex of the child presumed dead and, if known, the place and date of his or her birth and, if applicable, the names of his or her father and mother as well as his or her last domicile, and the date, time and place of death. |
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| A copy of the judgment is transmitted without delay to the chief coroner by the clerk of the court that rendered the decision. |
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| The date fixed as the date of death is either the date occurring on the expiry of four (4) years from disappearance or an earlier date if the presumptions drawn from the circumstances allow the death of a person to be held to be certain at that date. |
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| In the absence of other proof, the place fixed as the place of death is that where the person was last seen. |
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| A declaratory judgment of death produces the same effects as death. |
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| Relations between the apparent heirs and the true heirs are governed by those rules contained by obligations listed in the Code. |
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| 76.7 | Return of person declared dead | |
| Where a person declared dead by a declaratory judgment of death returns, the effects of the judgment cease. |
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