Os efeitos da fecundação artificial port mortem: o surgimento de filhos gerados a partir de material genético criopreservado.

Abstract

The assisted human reproduction consists of a set of medical techniques whose purpose is to enable couples with some deficiency in the reproductive process to see the paternity so desired. However, there is no legal provision in the legal order that regulates the matter. In this context, we seek to analyze post-mortem artificial fertilization and its consequences in the field of inheritance law. Before the study will have as general objective, to analyze the legal relations arising from the birth of an individual originated from the genetic material cryopreserved, after the death of their parents. Specifically, it will be understood which forms of artificial fertilization; Establish the paradigm to be considered in understanding the beginning of the emergence of the natural person; And to analyze the possibility of succession recognition, in the condition of necessary heirs, of the individual originated from the use of cryopreserved genetic material, after the death of its provider. The research will adopt the deductive method and bibliographical research technique. Therefore, the monographic work focuses on a topic of great relevance in the present day, because it reflects directly in the Brazilian Civil Law, since it has only one chapter reserved for the sonship of the children conceived in the constancy of marriage by means of these techniques. Being silent about the implications of implanting the genetic material of the deceased spouse or partner in the mother's womb, raising doubts and uncertainties about the effects of artificial post-mortem fertilization. Finally, there is a need for infra-constitutional legislation to appease the issue.