Reprodução artificial e herança: os direitos sucessórios dos nascidos por reprodução assistida homóloga post mortem

Abstract

The present paper aims to study the controversy over the possibility of recognizing inheritance rights to children generated through homologous assisted reproduction post mortem. Through a bibliographic, legislative and qualitative jurisprudential analysis, a solution will be sought for the legislative gap that exists in Brazil. Firstly, a basic study on the subject of medically assisted reproduction will be conducted, and, after that, it will be explained how these means of procreation are regulated in countries such as United States, Portugal and France, especially in its post mortem method. Afterwards, a case analysis will be carried out, in order to understand how the situation is being questioned and how courts are treating the discussion about succession rights of children conceived in that way. It will be sought to understand how the subject is treated in french, portuguese and north-american legislations, so that, in the end, a solution can be found for such topic in Brazil. Not only is this issue in study of the utmost importance because it is a memorable medical breakthrough, which has great and previously unthinkable legal repercussions, but also because of the fact that the right of inheritance is constitutionally guaranteed, especially to the descendants of the deceased, since they are the first class to be called to inherit.