Legal Definitions - persona nasciturus

Persona Nasciturus

This Latin term refers to an unborn child who is recognized by law as having certain potential rights or interests, even though they have not yet been born. While not a legal person in the same way a born individual is, the law may acknowledge the future existence and potential legal personality of a child still in the womb, particularly concerning matters like inheritance or future benefits. These potential rights typically become fully vested and enforceable upon the child's live birth.

Here are some examples:

• Inheritance: Imagine a will that states, "My entire estate shall be divided equally among my grandchildren, including any who are conceived but not yet born at the time of my death." In this scenario, a child still in the womb is considered a persona nasciturus, meaning they are recognized as a potential beneficiary of the will. Their right to inherit would become concrete and enforceable once they are born alive.
• Trust Funds: A wealthy individual might establish a trust fund for "all my children, born and unborn, who reach the age of 25." Here, the trust instrument acknowledges the future existence and potential rights of children not yet born. The unborn children are treated as persona nasciturus for the purpose of the trust's provisions, ensuring they will benefit from the fund once they meet the specified conditions after birth.
• Property Settlements: During a divorce proceeding, a pregnant couple might agree to a settlement that includes a specific sum of money to be placed into a dedicated savings account for "the child currently in utero," with the funds becoming accessible upon their 18th birthday. This demonstrates how a legal agreement can acknowledge and protect the future financial interests of an unborn child (the persona nasciturus), ensuring their well-being even before their birth.