Idaho Code
Idaho Code § 32-102 (2026)
Unborn child as existing person.
✓ current as of May 2026
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Unborn child as existing person.
A child conceived, but not yet born, is to be deemed an existing person so far as may be necessary for its interests, in the event of its subsequent birth.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1982–2025 · leading case: Volk v. Baldazo.
Volk v. Baldazo (Idaho 1982). “§§ 5-310 and 5-311 and that I.C. § 32-102 provided particular direction as to whether the legislature intended that a fetus be included within the meaning of the term "person".”
Santana v. Zilog, Inc. (D. Idaho 1995). “The Volk Court looked to Idaho Code § 32-102 which states that “[a] child conceived, but not yet born, is to be deemed an existing person so far as may be necessary for its interests, in the event of its subsequent birth.”
Santana v. Zilog, Inc. (9th Cir. 1996). “The most analogous statute would be Idaho Code § 32-102 , which provides that "[a] child conceived, but not yet bom, is to be deemed an existing person so far as may be necessary for its interests, in the event of its subsequent birth.”
Hill v. Emergency Med. of Idaho, P.A. (Idaho 2025). “In support of this argument, the Hills cite Idaho Code section 32-1013, which restricts governmental interference with the fundamental rights of parents; section 32-102, which defines an unborn person as a legal person; and section 32-1003, which states that parents can be held…”
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