Protection of the fetus in accordance with the provisions of the Turkish Civil Code and the Turkish Code of Obligations

Private law regulates the relations of individuals with each other; that is, persons are at its core. According to the Turkish Civil Code (TCC), personality begins at the moment the child is fully born. However, it is stated that the child possesses the right to have capacity at the very moment of conception. Thus, within the scope of TCC and TCO, the fetus is protected as it has property rights and personal rights. The fetus may suffer damage due to the acts of third parties or of the mother, or due to the violation of bodily integrity because of the medical intervention of the physician. In terms of the mother's behavior, it is important to determine whether her behaviors are related to the harm and whether the responsibility for the harm will arise as a result of these actions. In terms of the responsibility of the physician, if the child was born with a disability, it is necessary to determine whether there is a responsibility in terms of not being able to diagnose a developmental disorder present in the fetus due to the lack of the necessary care.