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Child Viability and Inheritance Rights

The document discusses the legal viability of a child born 30 days after the death of his father, Ato 'A', who survived for 30 hours despite a doctor's prediction of death within 18 hours. It examines whether the child's circumstances of death affect his entitlement to inherit property, referencing relevant civil code articles. The analysis concludes that the child is considered viable and entitled to patrimonial rights, as his death was due to an extraneous cause rather than a failure to survive the initial period.

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52 views2 pages

Child Viability and Inheritance Rights

The document discusses the legal viability of a child born 30 days after the death of his father, Ato 'A', who survived for 30 hours despite a doctor's prediction of death within 18 hours. It examines whether the child's circumstances of death affect his entitlement to inherit property, referencing relevant civil code articles. The analysis concludes that the child is considered viable and entitled to patrimonial rights, as his death was due to an extraneous cause rather than a failure to survive the initial period.

Uploaded by

rahelyeshambel461
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1,Ato “A” died thirty days before his wife “B” gave birth.

Two hours after the birth


of the child at Gandhi Hospital, the Doctor “C” predicted that the child would die
within 18 (Eighteen) hours from the time of its birth. The child was taken home
and unlike the doctor’s prediction, he was alive for 30 (Thirty) hours from the
moment of his birth, by the time he died having fallen from the arms of a baby-
sitter. Ato “A” doesn’t have another child. The issue of the child’s viability and his
entitlement to inherit Ato A’s property has caused dispute between the deceased
child’s mother and the parents of Ato “A”.
a. Is the child viable if he had fallen on a comfortable sofa 30 centimeters from
his baby sitter’s arms?
b. What if the child fell on the floor and was hit on his skull?
c. Would your opinion be different with regard to Woizero B’s claim of
inheritance had the child’s father died five minutes after the child was born, and
had the cause of the baby's death been illness rather that an accident?
ANSWER
Facts
• A child is born 30 days after the death of his father.
• Two hours after birth the doctor predicted that the child will die within 18
hours.
• The child survived for 30 hours, and died when he fell from the arms of a baby
sitter.
Issues:
• Whether the child is viable assuming that he had fallen under the
circumstances stated under “a” or “b”
• Whether the condition of viability arises for acquisition of personality under
the circumstances stated under “c”
Relevant provisions:
Articles 2 and 4 of the Civil Code
Analysis
According to Article 2 or the Civil Code, “a child merely conceived
shall be considered born whenever his interest so demands provided
he is born alive and viable”. The first element of this provision is met
because an unborn child has the interest of being considered a person
where the father dies before the child’s birth. The second element has
also been satisfied because the child was born alive. What remains to
be proved is thus the third element, namely, the viability of the child.
A child is deemed to be viable where he lives for 48 hours from the
moment of his birth (4/1). In the case at hand Dr “C” had predicted
the child’s life span to be not more than 18 (eighteen) hours form the
moment of his birth. This is a professional opinion and not an
irrefutable truth. What determines viability is not subjective opinion,
but the empirical truth of a child’s death within the time and under
the circumstances determined by law.
A child may be presumed to be viable even where he dies in less
than 48 hours from his birth if the death is due to an extraneous
cause.so she is entitled to claim the patrimonial rights of the child
who had acquired physical personality.

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