One of the fundamental questions related to legal universalism is the proclamation and protection of the right to life. In relation to the therein proclaimed right to life, there is another heavily contested right today and namely “the right to being born”, i.e. the right to life of the human embryo. It is a clear manifestation of universal regulation of this basic human right on the one hand and of its framework in terms of a particular problem which, however, bears significant social, moral and legal consequences – for the protection of pregnant women and the children in their wombs, the recognition of paternity and parental rights, respectively the right to child support for the unborn, the right to abortion, assisted reproduction, surrogacy, cloning, etc. The fundamental theoretical legal question is what comes to the fore about the moment when the legal person starts its existence, respectively from the moment when law recognizes the presence of life, i.e. of a living creature, and to what extent this reflects upon the status of the mother, etc. The article presents the main texts of the Roman law, which relate to such problems as the basis of modern legislation and its improvement.