Reprodução assistida pos mortem e seus reflexos no direito de família e sucessões

Abstract

The present work analyzes the legal effects of insemination post mortem on family law and succession. The evolution of science has brought many controversies to the legal framework. For questions that were not discussed before, now start to generate conflict in the jurisprudence and doctrine. Therefore, the existing vacuum needs to be filled by the legislator, this being the reason for the interest in the chosen theme. To get to this topic, a reflection around assisted reproduction, its importance in the course of time and its varieties was intended. Considering the constitutional principles of human dignity, of family planning and responsible paternity, of the my m b w h h h h l ’ b interests. The methodology utilized for the elaboration of this work has been the analysis of doctrines, articles and scientific magazines. The lack of specific regulation regarding the child conceived using assisted reproduction post mortem creates judicial embarrassments that only the normalization of the subject matter could bring solutions to the litigations derived from this institution. In this context, it is up to the legislators to elaborate specific laws, because one cannot accept that there could be, in the current Brazilian legal order, any restriction that prevents or complicates the effectuation of the inherent rights of the offspring conceived by assisted reproduction post mortem