COMPENSATION OF PECUNIARY DAMAGE IN CASE OF BODILY INTEGRITY OF UNBORN CHILD

Unborn child is a creature existent in mother’s womb who has not born yet and whose acquisition of personality is conditional upon being born alive. The legal status of unborn child is important regarding determination of its rights. Unborn child, who does not have legal personality because of not being born yet, may claim compensation as the subject of right, for damage it has suffered due to violation of bodily integrity. Unborn child becomes subject of right starting from conception with the condition of being born fully and alive (Turkish Civil Code Article 28/2) Protection of bodily integrity is as important as the protection of the right to life and health. The protection of the bodily integrity of unborn child is an indispensable reality. During the period when the unborn child is in mother’s womb, due to medical interventions directed at mother, the bodily integrity of embryo may rarely be violated. Also, the bodily integrity of unborn child may be violated as a result of torts of third persons directed at mother, such as traffic accidents. Depending on different situations, the legal ground of compensation claims for pecuniary damage resulting from the violation of bodily integrity of unborn child may be contract for the benefit of third person, contract with the protecting effect towards third person or tort law rules