From a strict reading of our Civil Code, we have the Natalist Theory<\/strong>, 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<\/strong>, 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.<\/p>\n\n\n\n
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In other words, the Theory received by the law is the Christmastide<\/strong>, and we have had an increasing tendency, over the years, to use the Conceptionist Theory<\/strong>, understanding the unborn child as a subject of rights.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n