A PRESUNÇÃO DE PATERNIDADE E O DIREITO DE HERANÇA DO CONCEBIDO POR INSEMINAÇÃO ARTIFICIAL POST MORTEM
A PRESUNÇÃO DE PATERNIDADE E O DIREITO DE HERANÇA DO CONCEBIDO POR INSEMINAÇÃO ARTIFICIAL POST MORTEM
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DOI: https://doi.org/10.22533/at.ed.5611226070515
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Palavras-chave: Inseminação artificial post mortem. Direito das Sucessões. Princípio Constitucional da Isonomia.
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Keywords: Post-mortem artificial insemination. Inheritance Law. Constitutional Principle of Isonomy.
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Abstract: This article proposes an analysis of the presumption of paternity and the inheritance rights of a child conceived through posthumous artificial insemination. Its objective is to understand the protection of inheritance rights within the Brazilian legal system concerning embryos artificially fertilized after the death of the genetic parent, considering the relevance of this issue to contemporary society. The subject was only briefly addressed by the Brazilian Civil Code of 2002 in Article 1,597, which establishes that children born through artificial insemination and the implantation of surplus embryos are presumed to be the offspring of the donor of the genetic material used. However, the Code remains silent regarding the inheritance rights of such children when the procedure is carried out after the death of the parent. The Civil Code regulates only the right to filiation, without expressly guaranteeing inheritance rights to children conceived through posthumous insemination. Therefore, the principle of equality among children should be applied. Nevertheless, inheritance rights are secured only up to two years after the opening of succession proceedings, pursuant to Article 1,800, §4 of the Civil Code, with the purpose of preventing legal uncertainty for heirs already conceived at the time the succession is opened.
- Thaís Focchesatto Vargas