A recent measure by the Assembly of the  Community of Madrid  has given the green light to a new legislative framework that grants the  unborn child  (nasciturus) the legal status of a member of the family unit for all regional administrative purposes. This initiative, announced by the regional president, Isabel Díaz Ayuso, places Madrid at the forefront nationally in the legal recognition of prenatal life.

The project is part of the  2022-26 Strategy for the Protection of Maternity and Paternity and the Promotion of Birth Rates and Work-Life Balance . With the approval of this legislation, the region becomes the first autonomous community to establish this provision across the board. Until now, only Galicia had regulations with a similar aim, although their application was strictly limited to the protection of large families.

From a practical standpoint, the new regulation will apply from the moment a woman proves her pregnancy by submitting the corresponding medical report. However, as detailed below, this assessment will depend on the stage of pregnancy.

As explained by the regional government spokesperson, Miguel Ángel García Martín, including the  unborn child  in the family unit calculation will effectively modify how household income is determined. This will significantly facilitate access to various public aid programs and subsidies whose eligibility depends on per capita income. Direct benefits include scholarships for high school studies, aid for the first cycle of early childhood education (ages 0-3) in private centers, school meal scholarships, public transportation passes, and subsidies for young people’s rental housing.

Impact on large families and taxation

One of the most significant aspects of the law concerns large families. Families with two children already expecting a third will be able to access the benefits associated with this status starting the day after the 14th week of pregnancy. To expedite this process, the government has designed a simplified online procedure. Furthermore, once the child is born, families will not need to reapply for the document, as it will remain valid.

In the tax sphere, the legislation has introduced the necessary modifications to the provisions managed by the Community of Madrid. Thanks to this, the measure will extend to significant tax benefits, such as deductions in Personal Income Tax (IRPF), fee exemptions, tax breaks for school expenses, and bonuses related to the purchase of second-hand homes.

It is worth noting a timeframe for the full implementation of the regulations: while recognition and some aid will apply with the certification of pregnancy, the provisions relating to obtaining the large family title and tax advantages will come into force six months after the publication of the Law.

This legislative reform represents a significant step in pro-natalist policies and opens up an important scenario for bioethics observatories, by giving real legal and administrative weight to the figure of the unborn within public policies supporting the family.

At the national level, the leader of the People’s Party, Alberto Núñez Feijóo, announced on Monday his intention to implement a “national law for the unborn” if he becomes Prime Minister in the upcoming general elections. Inspired by the model promoted in the Community of Madrid by Ayuso, this proposal aims to give legal recognition to the unborn child, with a direct impact on the economic and social well-being of families. However, in his appearance, the opposition leader only outlined the initiative in a purely declarative manner, omitting for the time being the specific details and technical wording of the proposed legislation.

Shadows of the measure: bioethical assessment

Setting a 14-week gestational limit for granting large family benefits conceals a serious contradiction. These first 14 weeks are precisely the period in which current law considers any pregnant woman to be able to abort her child without needing to provide any justification.

Therefore, this recognition of the  unborn child  as an individual with rights and a member of the family unit does not apply during the first 14 weeks of pregnancy. This “concession” to abortion law to preserve the time frame for abortion on demand is in direct contradiction with the recognition of the unborn child as an individual of our species and a member of the family unit.

Is it possible to envision a law that allows parents to end the life of a member of their family? Is it compatible to recognize the dignity and rights of the unborn child at 14 weeks plus one day and to abolish all rights to be aborted without justification the day before?

Policies that defend life must be consistent with respect for all those who are one of us, without exception. Neither the immature, however immature they may be, nor the disabled, nor the dependent, nor the dying lose their status as human beings, worthy of respect and deserving of care.

The defense of the unborn child also raises the need to properly evaluate the arguments of abortion advocates  . Their justification based on the premise of a woman’s autonomy to decide about her pregnancy seems to weaken when faced with the recognition of the embryo’s human status as a member of a family unit, and therefore also a subject of rights. Any measure that helps to make the unborn child visible as one of us can contribute to ending its always unjustified elimination, whether through abortion, assisted reproductive technologies, or research with  human embryos .

Julio Tudela. Cristina Castillo. Bioethics Observatory. Catholic University of Valencia