Practice question
An unborn child has already been conceived when a grandparent dies. Assume the child otherwise qualifies to inherit. The child is later born alive at complete delivery after eight months of intra-uterine life. Another heir argues that absence of delivery when succession opened necessarily excludes the child. Which is correct?
- Conception can never matter for favorable civil purposes
- Only children already registered at the civil registry may inherit
- A conceived child automatically acquires every right without any later condition
- Articles 40 and 1025 protect the already conceived child’s favorable succession interest if later born under Article 41, as stipulated
- The other heir may choose whether birth counts
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 37–42 and 1025
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