A natural person’s legal personality begins at birth. The foetus forms part of the mother or her internal organs.
There are legal requirements for the beginning of legal personality; these are,
(a) the birth must be fully completed, the umblical cord must be completely severed.
(b) the child must be alive after the separation of the umblical cord, atleast the child should have taken the first breath even if he/she lived for a short period. Section 239 (1) of the Criminal Procedure Act 51 of 1977 deals with this requirement.
(c) the child must be viable and independent from her mother, this is in terms of Roman Dutch Law. After a complete birth, the child must be registered at Home Affairs and birth certificate issued. The Birth and Death Registrations Act affirms this requirements. The new born child must be given identification; names and identity number and her/his parents details.
THE INTEREST OF THE UNBORN CHILD
The nasciturus is thus not a legal requirement and therefore cannot have rights, duties and capacities. This fiction is expressed in the Latin adage nasciturus pro iam nato habetur, quotiems de commado, eius agitur.
THE INTEREST TAKEN INTO ACCOUNT
- Patrimonial Interest
- Personality Interest
- Custody
- Abortion
- Birth Control and Sterilisation.
We will discuss this further on the next edition of Pondoland Times.
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