Legal Definitions - en ventre sa mere

En ventre sa mere is a legal phrase originating from Law French, meaning "in its mother's womb." It refers to a fetus or unborn child. In legal contexts, this term is used to acknowledge that an unborn child, while still in the womb, may possess certain rights or interests, contingent upon being born alive. If the child is subsequently born alive, the law often treats them as having been in existence from the time they were en ventre sa mere for specific legal purposes, such as inheritance, property rights, or claims for injury.

• Example 1: Inheritance and Trusts

  Imagine a wealthy individual establishes a trust fund for "all my grandchildren, born and unborn, who are alive at the time of my death." If, upon the individual's passing, one of their children is pregnant, the baby en ventre sa mere at that moment would be considered a beneficiary of the trust. Upon being born alive, that child would be entitled to their share of the trust fund, just as if they had already been born when the trust's conditions took effect.

• Example 2: Personal Injury Claims

  Consider a scenario where a pregnant woman is severely injured in a car accident caused by a negligent driver. The accident results in significant harm to the fetus, which is later born with severe, permanent disabilities directly attributable to the prenatal injuries. In many jurisdictions, the child, having been en ventre sa mere at the time of the accident, could, upon birth, bring a personal injury lawsuit against the negligent driver for the damages suffered while in the womb. This illustrates how the law recognizes the unborn child's potential for legal rights and injuries.

• Example 3: Property and Future Interests in Wills

  A will might state that a family estate should pass to "my eldest child and their direct descendants." At the time the will-maker dies, their eldest child is pregnant. The baby, being en ventre sa mere at the time of the will-maker's death, would be considered a direct descendant for the purposes of inheriting the estate, provided they are subsequently born alive. This ensures that the unborn heir is included in the distribution of property as intended by the will, treating them as if they were already in existence at the moment the will became effective.