Legal background of age estimation for the dead and the living

In both dead and living individuals, the goal of age assessment is to ascertain the age nearest to the real chronological age of that individual. For the living individual, the key in age estimation is to assess if a person is a minor, that is, a person under the age of 18 years, but it can be necessary also in other circumstances. In alleged minors, the principle “the best interests of the child” should always be applied. For the dead, the age assessed becomes pivotal for the elaboration of the biological profile of the cadaver, thus contributing in the identification process narrowing the search of compatible reported missing persons and in some cases in the determination of the time of death. Unfortunately every age assessment procedure has its limits. Furthermore, the lack of standardization and consensus concerning which method should be used amplifies these limits. This chapter will address issues related to the legal background, albeit the limitations coming from the different countries or state judicial system. Chronological, biological, social, and developmental age can be significantly different but this chapter will review the chronological age in response to law and policies that rely on age as a marker or boundary also in light of decision- making competence.