Research on Preconception Protection of Fetus in China: Reflections on Article 16 of the Civil Code

Abstract

With technological advancements, risks in modern society are increasing, and issues such as syphilis, HIV, genetic defects pose threats to the fetus before conception. However, current legislation only provides remedies for damage to the interests of the fetus after conception, without addressing harm to prenatal interests. Judicial practice has also not delved into this matter. By comparing the ways other countries protect fetal interests before conception, China can, based on its practical situation, establish legislation to protect the interests of the fetus before conception. This legislation should clarify the relevant rights subjects, rights content, time of rights exercise, etc., and further improve legislative protection for life, respecting the value of life.