Abstract:

Unborn child is a creature existing in the mother's womb who has not yet born and whose acquisition of personality is conditional upon being born alive. The legal status of the unborn child is important with regard to the determination of his rights. Unborn child, who does not have legal personality because of not being born yet, may claim compensation as the subject of right, for damage it has suffered due to violation of body integrity. Unborn child becomes subject of right starting from conception with the condition of being born fully and alive (Article 28/2) Protection of body integrity is as important as the protection of the right to life and health. The protection of the body integrity of the unborn child is an indispensable reality. During the period when the unborn child is in the mother's womb, due to medical interventions directed at the mother, the body integrity of the embryo may rarely be violated. Also, the bodily integrity of unborn child may be violated as a result of errors of third persons directed at mother, such as traffic accidents. Depending on different situations, the legal ground of compensation claims for pecuniary damage resulting from the violation of the bodily integrity of unborn child may be contract for the benefit of a third person, contract with the protective effect towards a third person or tort law rules.

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