POST-MORTEM ASSISTED REPRODUCTION AND ITS IMPLICATIONS FOR FILIAL AND SUCCESSION LAW - DOI: 10.12818/P.0304-2340.2025v87p55

Abstract

This study analyzes the legal challenges of post-mortem assisted reproduction, with an emphasis on the inheritance rights of a child conceived after the death of one of the parents. The topic is relevant due to advancements in reproductive techniques and the lack of specific regulations in the Brazilian legal system, which creates uncertainties and controversies, particularly in family and inheritance law. The objective of this study is to examine the legal impacts of post-mortem assisted reproduction, addressing the need for prior consent, the form of authorization, the inheritance rights of the descendant, and the timeframe for carrying out the procedure. The methodological approach employed is deductive, and the procedural method is bibliographic and documentary, involving the analysis of legal norms, specialized doctrine, and case law. The study argues that post-mortem assisted reproduction should be permitted, provided that certain requirements are met, such as the deceased’s consent. However, it disagrees with the requirement for a formal notarized authorization, proposing instead that consent may be given through the Informed Consent Form used in reproductive procedures, as long as it contains an autonomous and specific clause. Additionally, a three-year limit for the use of cryopreserved genetic material is suggested to ensure inheritance predictability. Given the regulatory gaps, the study concludes that the creation of specific legislation is urgently needed to provide legal certainty and to harmonize technological innovations with the principles of Brazilian law.

KEYWORDS: Post-mortem. Assisted reproduction. Parentage rights. Succession rights.