HOMOLOGOUS ARTIFICIAL INSEMINATION OF POST-MORTEM CRYO-PRESERVED EMBRYOS AND INHERITANCE LAW IN THE LIGHT OF CONSTITUTIONAL PRINCIPLES

Abstract

This article intended to deal with the topic of homologous post mortem artificial insemination, which is one of the techniques of human reproduction, as well as the protection of the rights of the unborn child conceived by such a method in relation to the right to inheritance present in the legal system, focusing on the constitutional principles present in our Magna Carta. The following problem was investigated: Is there regulation and possibility for the use of the couple's genetic material for insemination purposes, even after their death? In the possibility of using the homologous insemination method, do you need prior authorization from the deceased spouse? Does the unborn child conceived through the use of homologous post mortem human artificial insemination technique have the right to inherit, being equal to other children born by natural method? The following hypothesis was considered: Because it is a controversial and current topic, which deserves the doctrine to look into in search of arriving at a jurisprudence, considering that there is an omission in our legal system, and this legislative omission allows several currents doctrinal opinions on the subject, but it is important to take into account that the Constitutional Principles do not allow the adoption of an interpretation that leads to the distinction between children, regardless of their form of conception. The methodology used for the development of this article was qualitative-theoretical research, through a bibliographical survey, legal documents, the Federal Constitution and the resolutions of the Federal Council of Medicine.