Nasciturus pro iam nato habetur, quotiens de commodis eius agitur

As an unborn child (Latin for " who will be born " ) already conceived but unborn child is referred. Therefore already a human embryo after implantation in the uterine lining is called the unborn child.

Germany

In German law, the unborn child is ( according to the prevailing opinion ) support of basic rights, such as Article 1, Section 1 of the Basic Law. Criminally it is protected by § 218 ff StGB ( abortion ). In civil law, the unborn child, as defined under § 1 of the Civil Code is not legally capable, but is protected by civil law special provisions. For example, the unborn child his heir, when he was already conceived at the time of the succession ( § 1923 para 2 BGB). According to that article, a child who is not yet born when inheritance, but is already created, its heritage when it born alive following the death and so is the law. The child is treated in law as if it had been born before the succession ( legal fiction ). In addition, the unborn child enjoys under § 823 ff BGB tort protection from prenatal damage.

In summary, that the unborn child is so far assimilated to the already born, as it passed him to his advantage ( " unborn child per iam nato habetur, quotiens de commodis eius agitur ").

The unborn child, a legal representative, the fruit of the womb nurse ( § 1912 BGB), be ordered by the family court. The task of the fetus nurse, for example, the assertion of the above inheritance rights, but also the approval of the prenatal paternity, issue name and custody declaration. The Leibesfruchtpflegschaft ends with the birth of the child.

Switzerland

Under Swiss law, there are almost exactly the same rules. The appropriate standards are Art.118 ff StGB ( For the protection of life before birth), Art.31, 544 Civil Code ( For the legal capacity and capacity to inherit ). It is disputed whether the legal protection of conjugation of implantation or at any other time occurs.

Austria

Under Austrian law, there is a similar inheritance scheme. Here's a v. § 22 of the Civil Code and under circumstances of § 23 Civil Code apply.

Criminally is seen here on civil law that is, a discrepancy that does not allow clear definition of the natural person, but this probably already saved in their development from damage by being placed under the protection of the state.

After the Reproductive Medicine Act in force since July 1, 1992 is the presumption that a child after marriage and before the expiry of the 302 day after the dissolution of marriage is a legitimate child, applied to the children resulting from artificial insemination. It is assumed here that the seeds of the husband is employed.