DIREITO À HERANÇA DO NASCIDO DE FECUNDAÇÃO IN VITRO PÓS MORTEM DO DOADOR

Abstract

The central theme of this study is to show a gap left by the Legislator regarding the participation in the inheritance by the person born of an embryo fertilized in vitro after the death of the donor or, as technically positived in the Law, the participation in the hereditary succession. It is important to emphasize that this approach intends to initiate a discussion, with the purpose of alerting the Legislators, Doctrinators, and finally all society, about the importance of this topic. The legislation, which in its text, in a restrictive way, says that it is legitimate to succeed people born or already conceived at the time of opening of the succession. The newborn born from an in vitro fertilization after the death of the donor, he is legally a member of the family. No more important than the discussion of this right, is to understand and observe whether filling this gap will bring legal certainty to the process of hereditary succession.