MALHEIRO, L. P.; http://lattes.cnpq.br/7701589464373987; MALHEIRO, Larissa Paulino.
Résumé:
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.
