---
urn: "urn:us-la:civcode:art:1474"
article_number: "1474"
status: active
heading: "Unborn children, capacity to receive"
breadcrumb: "Book III › Title II › Chapter 2"
source_url: "https://legis.la.gov/legis/Law.aspx?d=108794"
acts_citations_raw: "Acts 1991, No. 363, §1."
acts_citations:
  - act_year: 1991
    act_number: 363
    section: 1
    role: enactment
schema_version: "1.0.0"
---

# Art. 1474. Unborn children, capacity to receive

To be capable of receiving by donation inter vivos, an unborn child must be in utero at the time the donation is made. To be capable of receiving by donation mortis causa, an unborn child must be in utero at the time of the death of the testator. In either case, the donation has effect only if the child is born alive.