In short
Inside the chapter on the lying inheritance the Code places two articles that are not about administering goods but about a very concrete situation: the decedent dies and there is a pregnancy in the middle. Article 1565 sets a duty to give notice: when a woman knows she is pregnant, she must notify the fact to the persons whose hereditary rights may be affected by the birth of the posthumous child. The trigger is her knowledge, not a date. And the same article dispenses her from the notice in one case: when the decedent acknowledged in a public or private document the certainty of the pregnancy. If he already put it in writing — and the Code accepts a private document — no notice is needed. What the article does not say matters just as much: it does not say in what form the notice is given, nor exactly to whom, nor within what time, nor what happens if it is not given. Article 1566 goes to the money. The woman pregnant by the decedent has the right to be maintained at the charge of the goods of the inheritance, without exceeding the share the posthumous child may have in them. That “without exceeding” is a ceiling: the right exists, but it may not eat more than what the unborn child would be due. And the article closes with a clawback: if it turns out the child is not the decedent’s, the woman is obliged to restore what she received. The Code does not explain here how that paternity is established nor who pays the day to day meanwhile, and this guide does not fill that in for it.
What is it?
They are Articles 1565 and 1566 of the Civil Code of 2020: the duty to notify the pregnancy to those who may be affected, the dispensation from that notice and the right to be maintained at the estate’s charge.
Who can do it?
The woman pregnant by the decedent, and those called to that inheritance whose share may change with the posthumous child’s birth.
Requirements
- When a woman knows she is pregnant, she must notify the persons whose hereditary rights may be affected by the posthumous child’s birth.Verified against the official source
- The notice is dispensed with when the decedent acknowledged in a public or private document the certainty of the pregnancy.Verified against the official source
- The woman pregnant by the decedent has the right to be maintained at the charge of the goods of the inheritance.Verified against the official source
- That right may not exceed the share the posthumous child may have in the goods, and what was received must be restored if the child is not the decedent’s.Verified against the official source
Documents you need
Cost
Step by step
Step 1: The duty to give notice
Article 1565: when a woman knows she is pregnant, she must notify the fact. The trigger is her knowledge of the pregnancy.
Step 2: Whom to notify
The persons whose hereditary rights may be affected by the posthumous child’s birth. The article describes the group by their interest, not by a list.
Step 3: When no notice is needed
Second paragraph: the woman is dispensed from giving the notice when the decedent acknowledged in a public or private document the certainty of the pregnancy.
Step 4: The document may be private
The article says “public or private document”. It does not require a notary for that dispensation to hold.
Step 5: What the notice article does not say
It does not say in what form the notice is given, nor within what time, nor what consequence follows from not giving it. This guide assumes none of the three.
Step 6: The right to be maintained
Article 1566: the woman pregnant by the decedent has the right to be maintained at the charge of the goods of the inheritance. It comes from the estate, not from the heirs’ pockets.
Step 7: The ceiling
The same article: without exceeding the share the posthumous child may have in them. The right has a limit tied to what the unborn child would be due.
Step 8: The clawback
Closing of the article: if it turns out the child is not the decedent’s, the woman is obliged to restore what she received.
Step 9: Why the unborn child counts
It is not in these two articles but in 1554, in another chapter: the person born or conceived at the moment the succession is opened has successory capacity.
Step 10: What these articles do not settle
They do not say how it is established that the child is or is not the decedent’s, nor who advances the money day to day, nor how the ceiling is calculated. This guide does not fill it in.
Where to do it
These two articles describe no procedure before any agency and do not mention the court. They fix a duty of notice between persons and a right charged to the estate. The Code does not say here before whom a denial is claimed, and this guide does not assume it.
How long it takes
What to do if something goes wrong
If you are told you should have given notice, look first at the dispensation: if the decedent put in writing — in a public or private document — that the pregnancy was certain, Article 1565 does not ask you for the notice. If what is denied is the maintenance, Article 1566 recognises it at the charge of the goods of the inheritance, with the limit of the share the posthumous child may have. And if someone warns you of a clawback, that clause exists but has a single trigger: that the child turns out not to be the decedent’s. These articles do not say in what form the notice is given, nor within what time, nor what happens if it is not, nor how paternity is proved. Who administers the goods meanwhile is in the lying-inheritance guide. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing there is a fixed deadline to notify: Article 1565 ties the duty to knowing of the pregnancy, not to a date.
- Thinking the decedent’s acknowledgment must be before a notary: the article accepts a public or private document.
- Assuming the maintenance comes out of the heirs’ pockets: it is charged to the goods of the inheritance.
- Ignoring the ceiling in Article 1566: it may not exceed the share the posthumous child may have.
- Believing the clawback applies for any reason: the article ties it to the child not being the decedent’s.
- Looking in these articles for the form of the notice or the penalty for not giving it: they are not there.
- Thinking the unborn child does not count until birth: Article 1554 gives capacity to the person conceived.
- Confusing this with child support from a family court: here the charge is to the hereditary estate.
Frequently asked questions
Must I give notice that I am pregnant?
Article 1565 says that when a woman knows she is pregnant she must notify the fact to the persons whose hereditary rights may be affected by the posthumous child’s birth.
Is there a case where no notice is needed?
Yes: the same article dispenses the woman when the decedent acknowledged in a public or private document the certainty of the pregnancy.
Where does the money to maintain me during pregnancy come from?
Article 1566 recognises the right to be maintained at the charge of the goods of the inheritance, without exceeding the share the posthumous child may have in them.
What if it is later determined the child was not the decedent’s?
The same Article 1566 says the woman is obliged to restore what she received.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 10, 2026
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