Abstract

This article examines the experience of civil law and common law jurisdictions in determining the legal status of the fetus and protecting its civil rights. Civil law jurisdictions primarily protect fetal interests through the nasciturus principle, whereas common law systems provide broader protection through case law and the recognition of claims for prenatal injuries. Based on this comparative analysis, the article recommends that Vietnam improve its legal framework by recognizing the conditional legal capacity of the fetus, expanding its civil rights, and establishing appropriate protection mechanisms. Such reforms should also maintain a balance between fetal interests and the mother’s right to autonomy.

Keywords: Fetus, inheritance, legal status, nasciturus principle, prenatal injury compensation.