So there's this test used across Latin America to determine whether a baby was born dead or alive.

We were talking about the float test. What they told me was that they had told that the lung

flotation test is the gold standard for deciding whether or not a child was born alive.

And depending on the result, it could allow prosecutors to charge mothers who had a stillborn

birth with murder.

I asked you how many times the float test was used in these homicide cases, you said.

You didn't have a code for that, but...

I can't remember a time that it was not used

when they were trying to argue

that the baby was born alive.

And there's an even bigger problem.

This test is 400 years old and extremely unreliable.

Did you ever see a prosecutor in writing or a judge raise any kind of question about the problematic

nature of this test?

Absolutely not.

I'm Gustavaryano.

You're listening to The Times, essential news from the LA Times.

It's Monday, October 3rd, 2022.

Today, how the so-called float test, the notopsy procedure developed way back in the 17th century

is sending innocent women across Latin America to jail.

Layla Miller is an LA Times foreign correspondent based in Mexico City.

Layla, welcome to the Times.

...