The treatment of fetal reserve share varies with whether the fetus is dead or alive at birth:
1. If the fetus is alive at birth, the reserved share belongs to the baby and can be kept by its mother.
2. If the fetus dies shortly after birth, the reserved share belongs to the baby, but it shall be handled by the legal heir of the damn baby according to the legal inheritance.
3. If the fetus is stillborn at birth, the reserved share shall be redistributed by the decedent.
Capacity for civil rights refers to the qualification to enjoy civil rights and undertake civil obligations as a civil subject. The capacity for civil rights of a natural person refers to the qualification that the law endows a natural person with civil rights and civil obligations. A natural person's capacity for civil rights begins at birth and ends at death. The capacity for civil rights of a legal person means that a legal person can participate in civil legal relations in his own name, acquire civil rights and assume civil obligations. The capacity for civil rights of a legal person begins at the beginning of its establishment and ends when the legal person is cancelled.
What are the guarantees of civil rights?
1, civil rights protection refers to the relief measures taken to protect rights from infringement or restore infringed civil rights.
2. The protection of civil rights is divided into self-protection and state protection.
3, the self-protection of civil rights, also known as private relief, refers to the obligee to take various legal means to protect their rights. There are two main ways to protect yourself: self-defense and self-help.
4. The conditions for implementing self-help behavior are: first, to protect one's rights; Second, it is too late to request state protection in an emergency; Third, it must be permitted by law; Fourth, we must immediately request state protection afterwards.
5. The state's protection of citizens' rights, also known as public relief, means that when citizens' rights are violated, the state organs will protect them through legal procedures.
What are the civil rights of the fetus?
1, right to life
Life only refers to the life of a natural person after birth. Although the fetus is a necessary stage of life formation, his life and his mother are integrated before birth, and the benefits he enjoys can only be realized after birth. The law should protect the right of expectation that the fetus enjoys on the condition of birth, that is, deny the right to life of the fetus. Because, if the right to life of the fetus is recognized, then induced abortion constitutes intentional homicide. This is not in line with the legal interests protected by law, which will cause chaos in social life and is not conducive to the stable and orderly development of society. But it is unreasonable to deny the fetus' right to life simply because of abortion. For the issue of abortion, we can avoid this legal risk by formulating corresponding legal documents. Only in this way can we better safeguard the interests of the fetus.
2. Right to health
Through the study of the relevant legal system, it is found that China does not stipulate that the fetus enjoys the right to health, and the relevant system needs to be improved. The right to health refers to the personality right of natural persons to give full play to the interests of human life activities through the normal operation of their physiological functions in daily life. The object of the right to health only includes the physiological function, but not the psychological function, which belongs to the spiritual category and is the reflection of the human brain to the objective reality. It is difficult to define the mental category of the fetus. Therefore, the right to fetal health refers to the right to normal development of physiological functions during pregnancy. The law does not stipulate the right to health of the fetus, which means that the fetus can't get compensation for the environment, drugs, diseases, deformities and other hazards caused by doctors' dereliction of duty during pregnancy. This is a serious damage to the rights and interests of the fetus.
3. Property inheritance right
As the name implies, the right to inherit property is mainly embodied in the inheritance law. When the inheritance is divided, the share of fetal inheritance should be retained. If the fetus dies during childbirth, the reserved share shall be handled in accordance with legal inheritance. Ensuring that the fetus enjoys the right of inheritance not only considers moral factors, but also conforms to the relevant requirements of public order and good customs, which plays a role in protecting the civil subject of the fetus and is also conducive to protecting the rights of the fetus.
4. Right of bequest
Legal basis:
Article 16 of the Civil Code
Involving the protection of the interests of the fetus such as inheritance and acceptance of gifts, the fetus is regarded as having the capacity for civil rights. However, if the fetus has died during childbirth, its capacity for civil rights does not exist from the beginning.
Article 28 of the Inheritance Law of People's Republic of China (PRC).
When the inheritance is divided, the share of fetal inheritance should be retained. If the fetus dies at birth, the reserved share shall be handled in accordance with legal inheritance.