A (I) legitimidade sucessória do filho concebido por inseminação artificial homóloga post mortem: gestação pós-termo

Abstract

This research aims to analyze the legitimacy of the succession of the child conceived by post mortem homologous artificial insemination in a postterm pregnancy. To this end, it is necessary to understand whether the authorization manifested in life regarding homologous insemination and the rights of the child loses its effect withdeath? First, it has been that if in life it has been manifested that it wants homologous insemination, this decision must continue, on the grounds of the principle of autonomy of will. As well as, due to the best interest of the child and the right to equality between infants, there is no loss of rights with the death of the cujus, even if insemination only occurs a posteriori, although part of the doctrine considers that there should be legal certainty to the otherheirs. Thus, through exploratory research and deductive method,a bibliographic study and survey of information was carried out througha form by google forms with 150 random people, we tried to investigate what individuals think about thehomologous artificial insemination post mortem and the inheritance rights of the child generated. For this, it is necessary to distinguish the affiliation in assisted reproduction and the types of pregnancy. Assisted reproduction is the mechanism used for individuals who have difficulty becoming pregnant, among them, there is homologous artificial insemination that occurs when it combines the genetic material of the father with that of the mother and the child is generated, this pregnancy can occur inthreeways, among them the postterm (more than 42 weeks). To explain the peculiarities of inheritance law in the national legal system. The inheritance right, in turn, occurs when there is the death of the author of the inheritance, in which the heirs or legatees will receive their share-part of the inheritance left by the deceased. Only in this way do you understand how the inheritance right of the child is conceived by post mortem homologous artificial insemination in a postterm pregnancy. Starting from what was analyzed there is a need to regulate the rights of the child conceived by homologous post mortem artificial insemination, protected by the principle of the best interest of the child, the dignity of the human person and equality between children.