The article examines the problem of determining the constitutional status of an unborn child (human embryo) and the possibility of implementing his or her legal protection equal to that provided for a person after birth.The main object of analysis is the decision K 1\20 of the Constitutional Tribunal of the Polish Republic, adopted in October 2020, which recognized the unconstitutionality of legislative provisions on the possibility of terminating pregnancy (conducting abortion) in case of detection of severe andirreversible lesions of the fetus, or incurable disease of the embryo.The author carries out a legal analysis of the decision and attempts to outline the philosophy of law and constitutional issues regarding the determination of the legal status of the embryo, the volume of rights, and their relation with the right of a woman to private life in situations when they intersectand protection of one right excludes the protection of another.The author appeals to Herbert Hart’s concept of “positive morality” and his opinion that society cannot strive for a single moral goal or value that makes compromises necessary. Within this article, three subsections are presented that are important for the establishment of issues in responding to the questions. The first part offers the analysis of the decision of the Tribunal and the main legal provisions that influenced its formation. The second part represents a view of whether the prohibition to terminate pregnancy on the grounds of detection of severe and irreversible lesions of the fetus, or incurable disease of the embryo is permissible. The third part involves understanding the general philosophical issues of attributing abortions to so-called “complex cases” and basic views on how to solve such cases in the legal field.