Initially, it's important to define what an unborn child is: according to civil law doctrine, it's a living being that's about to be born. According to the law, it's a living being that's still in the mother's womb, being gestated.
From a strict reading of our Civil Code, we have the Natalist Theory, based on its Article 2, according to which the unborn child is not a person and does not have rights, since the law conditions civil personality to live birth. However, in Conceptionist Theory, which is based on a constitutional reading of the Civil Code and guided by the principle of Human Dignity, despite the unborn child still being in his mother's womb, he is a human person, and therefore a bearer of rights.
In other words, the Theory received by the law is the Christmastide, and we have had an increasing tendency, over the years, to use the Conceptionist Theory, understanding the unborn child as a subject of rights.
Thus, the unborn child is the holder of personality rights, such as the right to prenatal protection, the right to life, the right to pregnancy support; the right to receive donations, without prejudice to applicable taxes; the right to inheritance and legacy; and a guardian may be appointed to defend their interests, among others.
It is important to emphasize that Nascituro is not to be confused with Stillborn, which is a stillborn child, which must be registered in a specific book at the Natural Persons Registry Office, and which will also have personality rights to be preserved, such as name, image and burial, among others.
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