“…Even though legal discourse has depended on medicine to define the concept of viability, it is arguable that medicine fails to clarify the confusion, though it is a term that has been used for nearly 200 years. Reference to viability in medical writing goes back at least to 1832, when William Potts Dewees in Compendius System of Midwifery defines viability as, “the capacity to sustain life, rather than the mere signs of this condition.” 1 , 2 In the PubMed archives, we find, in 1841, “Case of a Foetus: Viable at Six Months,” which carries the prescient first sentence, “There is no question in medico-legal science more difficult, and none more interesting and important, than that of the exact limits of utero-gestation, that is, the longest and shortest periods which a child may be carried in the womb, and yet survive.” 3 …”