A sucessão hereditária do filho gerado por fecundação artificial post mortem

Abstract

In recent decades we have seen major scientific advances, requiring an indepth legal analysis of the consequences of these changes in an attempt to resolve issues that may arise. In this context, assisted human reproduction and its legal consequences are included. As for assisted reproduction, one of its species stands out, which is posthumous homologous artificial insemination, which is not regulated, especially in terms of consequences in Family and Success Law. Given this legal gap, it is necessary to examine the doctrinal divergences on the issues arising from this technique, considering the Constitutional Principles as guidelines, since there is no clear legislation on the subject. Taking this information into account, this work was developed using the study of divergent doctrines, scientific articles and even current legislation as a methodology. In this sense, the scarce current legislation on the topic outlined is a research question and the central objective is to analyze the consequences of this on family relationships.