This article aims to provide some brief ideas about the legal status of the human embryo. In addition to carrying out an approach to the foundation on which the claim is based that the embryo, due to the fact of being a person, deserves legal protection and, therefore, should be considered a true subject of law. So that the positive law does not have legitimacy to deprive him of his personality, or limit his natural rights. The only capacity for limitation that the positive law has is found in the capacity to act that every person has.