Eu também tenho direito à herança do meu pai: filhos da inseminação post mortem

Abstract

In order to investigate the existing normative gap with regard to the succession rights of the embryo conceived post mortem, through exploratory and descriptive research, this article will be based on the care of normative letters, envisioned in secondary sources, such as articles, books and manuals, in order to compare the Constitutional text of Articles 1,597 of the Civil Code of 2002 , which implies the presence of parentage and the recognition of paternity, even if the homologous artificial procedure is carried out post mortem, and Article 1,784, also of the Civil Code of 2002, which designates as a legitimate part of the succession the living persons or, at least, already conceived at the time of opening of the succession proceedings, excluding those that may still be conceived after the death of the author of the inheritance. Therefore, we seek to analyze how the homologous postmortem insemination has repercussions on family and succession law, as well as the legal and psychic consequences to the child from posthumous fertilization.