In vitro fertilization post mortem and its successory reflections

challenges and possibilities

Abstract

This article aims to show the succession reflexes of the embryo after the death of its parent, demonstrating the technological advances of the assisted reproduction techniques and the lack of normativity on the part of the legislator. The main problem concerns the succession effects of  the children conceived after the death of one of the parents, whether or not they have the right to succeed. The discussion emerges from the deficient legislation in force regarding the subject, having only one forecast in the article 1.597, of the presumption of filiation. Furthermore, there is no other mention in the regular code that influences the procedures of post mortem in vitro fertilization and its consequences on the successor sphere. The deductive method is the one utilized for this study, starting from the analysis of the theories and the current legislation. The main objective is to analyze the contemporary effects of post mortem in vitro fertilization, regarding juridical insecurity that involves the topic. In front of the doctrinal discussion, it is concluded therefore that the embryo has the right to succeed provided that there is an express will of the deceased.