The term unborn is used to define one who has not yet been born, or who does not exist. It can also be used to refer to anything that has not happened yet, that is, it is just in the pipeline. In legal terms, the unborn is called “unborn” which means “the one who is going to be born”.
Legally, an unborn child is considered a person from the moment it is conceived until the day of its birth. There are laws where the unborn does not have legal personality, since it is only acquired at birth, however in certain situations a set of rights is recognized. In this way, the unborn will be legally protected as "a legal asset that needs protection."
Historically, Roman law did not consider the unborn as a person, therefore abortion was allowed in ancient Rome. However, in some cases they were granted certain rights, for example, if a pregnant woman was sentenced to death, the execution was delayed until she gave birth.
In various Latin American countries such as Guatemala, the Dominican Republic, Ecuador, Salvador, and Peru, the unborn are legally protected.
On the other hand, within civil law it can be seen that the concept of unborn is taken into account when acquiring rights and obligations; Of course, this is going to be subject to the legal system of each country. For example, in Spain the unborn was considered as such until 24 hours after birth (this is a law that derives from Roman law, and whose purpose is to prevent the transfer of goods to babies, since there are cases where babies die within a few hours of birth). However, the most relevant right of the unborn and that is stipulated in civil law is to inherit from their father, if he dies during their pregnancy.
As has been observed, the unborn are also protected by many laws, and that if the mother decided to have an abortion, she would be committing a crime, which generally includes a lesser penalty. Of course this is only in countries where this action is penalized.
