ASPECTS OF HOMOLOGICAL ARTIFICIAL INSEMINATION POST MORTEM IN THE SUCCESSORY LAW OF THE EMBRYO

Abstract

This article is the result of a vast technological evolution in the human sciences, which led to several legal questions about the influence of assisted reproduction techniques in the legal sphere. With the presence of such innovations, the law must adapt to accompany them, thus offering ideal treatment to contemporary society. In sucession contente, it is questioned the legal possibility of the embryo conceived post mortem have hereditary rights of de cujus. By analyzing the civil code of 2002, it appears that the device recognizea the presumption of paternity to those conceived through artificial insemination post mortem morgue. However, there is a huge gap to be filled in the Brazilian legislation, since the legislator remained silente on the subject successors of these embryos. Thus, to analyze the succession rights of the conceived embryo post mortem, several doctrinal and jurisprudential research were made in order to enable better clarification on the subject