An unborn child is not a person in the eyes of law, hence, not capable of having fundamental and human rights and therefore devoid of effective legal protection.1  The woman who carries this tiny being is not its only rival, there are more issues of settling third part liabilities both civil & criminal as against the unborn victims of injury and violence. Whenever a person suffered damage he will look to the law for redresses. The law of torts is that branch of law which governs sections for damage for injuries. When child is the injured person, to what extent he can sue in law of torts. A child can sue and be sued in law of torts. Because the law of torts does not make any distinction on the basis of age. The jurisprudence of personhood is utility when man’s power to make a choice, that is rationality, is a condition precedent to assure obligations and rights arising out of agreements. In this context personhood denotes legal ....