The right to the hereditary succession of the fodused embryo Post Mortem

Abstract

This article aims to study the succession legitimacy of the child conceived after the death of his parent, there should be no doubt about the succession right of the son conceived post mortem, however, is a very controversial theme with numerous questions, not pacified in doctrine and not even in jurisprudence. The Civil Code vaguely and cautiously establishes some rights of the child conceived through artificial techniques, with the numerous gaps present in the legal system the solution is the right to innovate and implement specific legislation on the subject, solving numerous problems around this subject. From this premise, the question arises: Does the child generated by the technique of assisted reproduction post mortem have inheritance right? Thus, it seeks through this article to analyze the succession rights of the embryo fertilized post mortem. For the elaboration of the same, the method of deductive approach was used, applying the bibliographic and documentary research technique, based on doctrinal review, search in scientific articles, as well as the analysis on Brazilian legislation. Thus, the issues involving assisted human reproduction should be treated more seriously and supported, seeking to resolve the numerous divergences involving these techniques, our legal system must progress by creating law on the subject, following the intense evolution of modern society and consecrating the succession rights of the embryo fertilized post mortem as a legitimate heir.