A natural person must be a living human being, i.e., must not be a monster and must be born alive to be ranked as a person in law. The exception to this rule is that of an infant en ventre sa mere (child in womb), who is supposed to be born for many purposes. A child in its mother’s womb can acquire certain rights and inherit properly, but the rights are contingent on his being born alive. He is counted as a person for purposes of partition.
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Such a child can claim damages for injury sustained while in its mother’s womb. A pregnant woman condemned to death is respite as of right till the delivery of the child.
ADVERTISEMENTS:
A child not yet conceived cannot be deemed to be a person, although provision may be made for such beings contingently coming into existence by vesting property in trustees for them.
The creation of proprietary rights in favour of unborn persons is governed by the rule against perpetuity. That rule provides that you cannot postpone vesting of an estate beyond a longer period than the lifetime of the transferee or transferees existing at the date of the transfer and the minority of the ultimate unborn beneficiary.
The contingent rights of unborn persons become vested on birth or at the end of such period not exceeding that prescribed by the rule against perpetuity, as may be fixed by the person granting the rights to unborn persons.