In the wake of controversial, high-profile cases like that of Jahi McMath, debate over the definition and diagnosis of brain death has intensified. Since 1981, when a presidential commission drafted the Uniform Determination of Death Act (UDDA), all 50 states have codified a version of the act into law, legalizing the definition of death by neurological criteria. In addition to the traditionally accepted definition of death—the irreversible cessation of circulatory and respiratory functions—an individual can be determined to be dead as a result of irreversible cessation of all functions of the entire brain, including the brain stem. But, experts have recognized that the current definition and determination of brain death is flawed. Consequently, prominent leaders from multiple international societies have called for revisions of the UDDA. In this presentation, I will review the current state of the brain death controversy and explain how the legal definition of death by neurological criteria cannot be determined, conclusively, by current diagnostic testing. I will explore how the determination of death touches on fundamental issues of human personhood and our understanding of human beings created in the image of God. Should the laws change or our definitions of death?