Direito a sucessão hereditária do embrião fecundado post mortem

Abstract

This article ́s main theme is dealing with the rights of succession of fertilized "post mortem" embryos, considering that there is a lack of legal provision in order, causing a problem in the present since the methods of assisted reproduction are growing in frequency with the aim of meeting the needs of society. However, there are countless questions about the legitimacy of succession legitimacy of the embryo conceived post mortem, making it necessary to debate how to deal with the theme and its gaps in the Brazilian legal system. In this way, in order to bring legal certainty and resolve the numerous divergences, it is necessary to define and create in our legal system parameters of assisted human reproduction,with specific laws that regulate the subject, accompanying the advances of modern society and protecting the holder of inheritance rights to the child from posthumous fertilization.