Short answer. No, generally not. Article 41 of the Civil Code provides that a foetus with an intra-uterine life of less than seven months is not deemed born if it dies within twenty-four hours after complete delivery. A six-month pregnancy is under seven months, so a baby who survives only a few hours would not be deemed born.
What the law says
For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb
Civil Code, Article 41 — When a Foetus Is Considered Born. Read the full provision →
What the law says
if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb
Civil Code, Article 41 — When a Foetus Is Considered Born. Read the full provision →
The general rule for when a foetus is considered born
Article 41 of the Civil Code states the baseline rule plainly: "For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb." Under that general rule alone, a baby who is alive at complete delivery is considered born, for civil purposes such as inheritance, from that moment. But the article does not stop there.
The exception for a premature foetus
Article 41 immediately qualifies the general rule: "However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb." Two conditions have to both be true for this exception to apply — a pregnancy of under seven months, and death within twenty-four hours of complete delivery. If either condition is absent, the exception does not apply, and the general rule governs instead.
Applying this to a six-month baby who lived a few hours
A pregnancy of six months is an intra-uterine life of less than seven months, which satisfies the first condition of the exception. Surviving only a few hours after birth, if that period is within twenty-four hours of complete delivery, satisfies the second. With both conditions met, Article 41 does not deem the child born for civil purposes, which means the child would not, under this article, be treated as having existed as a person capable of inheriting.
What would change the outcome
The exception is precise about its own boundaries. If your baby's survival had lasted past twenty-four hours from complete delivery, the exception would no longer apply, and the general rule — alive at complete delivery is enough — would govern instead. The same is true if the intra-uterine life had reached seven months rather than six. Because both conditions of the exception have to hold together, getting either the exact duration of the pregnancy or the exact time of death right matters a great deal to how Article 41 applies.