FERTILIZAÇÃO IN VITRO POST MORTEM E SEUS REFLEXOS NO DIREITO SUCESSÓRIO

The present work aims to present posthumous in vitro fertilization, its specificities, and its effects on inheritance law. It seeks to address the aspects inherent to its characteristics and its influence by family law, focusing on the principle of saisine and the constitutional right to inheritance. Initially, a brief explanation and conceptualization of inheritance law, the right to inheritance, inheritance as a fundamental right, necessary and testamentary heirs, and succession were provided. Subsequently, an examination of filiation in Brazilian legal order was conducted, comparing natural fertilization and assisted reproduction techniques, including posthumous in vitro fertilization, as well as the legal presumption of paternity found in the Civil Code of 2002. Finally, the impact of posthumous in vitro fertilization on inheritance law was discussed. The necessity for prior and written authorization from the parent for the use of their genetic material after death was explained, along with the exception to the principle of coexistence, guaranteeing the posthumous child the rightful inheritance. The methodology used was the hypothetical-deductive analysis, based on a literature review and consultation of national legislation and jurisprudence. In conclusion, it was inferred that posthumous in vitro fertilization is possible according to the stipulation of infra-legal norms, and children conceived posthumously by the parent have the right to inheritance on equal footing with other heirs. However, it still raises numerous questions and uncertainties, making it a subject that should be regulated by specific law.