Short answer. Yes. Under Article 742 of the Civil Code, donations may be made to a child who has been conceived but not yet born. The donation is accepted on the unborn child's behalf by whoever would legally represent the child if they were already born — typically a parent.
What the law says
Donations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were already born.
Civil Code, Article 742 — Donations To Unborn Children. Read the full provision →
The unborn child as a beneficiary
Philippine law recognises the conceived but unborn child as capable of receiving certain benefits — including donations. Article 742 of the Civil Code makes this explicit. A grandparent who wants to set aside land or money for a grandchild still in the womb may validly do so. The donation takes legal effect now; the benefit vests in the child and is not suspended simply because they have not yet been born.
Who accepts the donation on the child's behalf
Because an unborn child cannot act legally, Article 742 provides that acceptance is made by those who would legally represent the child if already born. In practice this means the child's parents — ordinarily the father, or the mother, or both, depending on the circumstances. If neither parent is able to act, the rule tracks whoever the civil law would appoint as legal representative. The representative must formally accept the donation in the child's name for the gift to be complete.
What happens if the child is not born alive
The Civil Code conditions certain rights on the child being born alive. If the child is not born alive, the donation does not vest, and the subject matter of the gift remains with or reverts to the donor's estate. This is an important condition donors and their families should be aware of: the donation is effective upon acceptance by the representative, but the child's ultimate ability to enjoy the gift depends on a live birth. Donors may wish to specify in the deed what should happen if the child is not born alive.
Formalities for donating to an unborn child
The donation must satisfy the usual formality rules that apply based on the nature of the thing donated. Donations of real property must be in a public instrument, and the acceptance must also appear in a public instrument. For movable property of significant value, written documentation is strongly advised. The representative who accepts should make clear in the document that they are acting on behalf of the conceived and unborn child and identify the child's expected parents. Having the deed properly notarised and, for real property, registered protects the gift against future claims.