O DIREITO À SUCESSÃO DO EMBRIÃO GERADO POR REPRODUÇÃO ASSISTIDA POST-MORTEM DO GENITOR

Abstract

The research investigates the succession of the embryo generated by homologous assisted reproduction after the death of a parent, addressing an innovative and pertinent issue in Brazilian civil law. The objective is to explore the legal and ethical implications of this situation, considering the lack of specific regulation that creates uncertainty about inheritance rights. The methodology used was the deductive approach, which enabled a comprehensive analysis of doctrinal currents and current legislation, in addition to relevant jurisprudence. The results indicate that there is a significant gap in the legal system, which does not cover the situation of children conceived post-mortem, thus demanding a legislative update that ensures inheritance rights and equity for all heirs. The research concludes that it is essential to recognize the rights of embryos conceived after the death of the parent, in order to guarantee justice and dignity to these new beings.