Hawzah News Agency – Three questions answered by Ayatollah Khamenei pertaining to the rules of the unborn babies.
i. If a woman dies in childbirth, what the rule is pertaining to the unborn baby in the womb in the following circumstances:
a. If the soul has recently entered it (after three months or more) and there is a strong possibility of its death upon being removed from the womb.
b. If the age of the fetus is seven months or more.
c. If the fetus has died in the womb.
ii. If a woman dies during childbirth, is it obligatory for the others to fully ascertain whether the unborn baby is dead or alive?
iii. If a woman dies during childbirth while the baby is still alive in her womb, and a person orders, in violation of the common practice, the mother’s burial along with the unborn child even if it is alive, what is your opinion in this regard?
Answer: If the unborn fetus dies by the death of its mother or its mother’s death happens before the soul enters its body, it is not obligatory to bring it out; rather to do so is not permissible. But if the fetus is alive in the womb of its dead mother and the soul has entered its body and there is a chance of its surviving until the time it is taken out, it is obligatory to take it out immediately. Unless the death of the fetus in the womb of its dead mother is ascertained, it is not permissible to bury her along with the fetus. If a living fetus is buried with its dead mother and there is a probability of its being alive even after the burial, it is obligatory to immediately exhume her body and bring it out of the womb. Similarly, if keeping a fetus alive in its dead mother’s womb depends upon not burying her, apparently her burial should be delayed to protect the fetus’s life. If someone says that it is permissible to bury the dead woman with the living fetus in her womb, and others, assuming his view to be correct, bury her and it leads to the fetus death in the grave, its blood money lies with one who actually buried her. But, if the death of the fetus is directly attributed to the opinion expressed by that person, he is held liable for the blood money.
Source: https://www.leader.ir/en/book/32/Practical-Laws-of-Islam