Reprodução assistida post mortem: análise da vocação sucessória do filho concebido postumamente

Abstract

This research analyzes the inheritance implications of post mortem assisted reproduction in the Brazilian legal system. The objective is to determine whether descendants conceived artificially after the death of one parent have legitimacy to inherit from the de cujus and under what legal conditions. To this end, the constitutional protection of single-parent families and the prevalence of the deceased's procreational will were justified. The central hypothesis is that the constitutional right to inheritance must be guaranteed equally to children conceived post mortem, provided there is explicit consent from the de cujus for assisted reproduction and that the genetic material is used within a reasonable period. Theoretical and methodological aspects include the deductive method and bibliographic research, with analysis of doctrine, legislation, and jurisprudence. The results indicate that filiation established by post-mortem consent must generate legitimate and full hereditary effects, refuting restrictive approaches in the name of equality among children. Furthermore, a maximum period of three years is proposed for the use of cryopreserved genetic material, after which the authorization would expire