- En ventre sa mere
A child which is still "en ventre sa mere" is accepted to be a minor, provided it is subsequently born
The use of this concept in legal language can be traced to English cases in the nineteenth century. In Occleston v Fullalove (1873-74) L.R. 9 Ch. App. 147, a case heard in the
Court of Appeal in Chanceryit was argued for the Appellantthat although the child in question was "en ventre sa mère" at the date of the will subject to the litigation, there was neither principlenor authorityagainst such a child having a reputation of paternity. The Courtallowed the after-born child to share with her sisters under the will.
The concept is used in
common law jurisdictionsand has been extended beyond the law of wills and successionso that claims in the law of tortsare also recognised. In the Australian case Watt v. Rama  VR 353 it was deemed that a fetusis a person entitled, once born, to compensation as a plaintifffor injury caused while en ventre sa mère."
Some U.S. cases have removed the requirement that the fetus actually be born. In Amadio v. Levin, 509 Pa. 199 (1985), the court held that "it makes no difference in liability under the wrongful death and survival statutes whether the child dies of the injuries just prior to or just after birth." In Farley v. Sartin Trucking, 195 W.Va. 671, the Supreme Court of Appeals of West Virginia did away with a requirement that a tortiously killed fetus be viable outside the womb at the time the tort was committed. The deceased unborn child's personal representative may maintain an action pursuant to the state's wrongful death statute, the court held, cautioning that the cause of action does not extend against a woman who has a legal abortion.
In current spoken French, it would rather be "dans le ventre de sa mère".
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