O direito sucessório dos filhos concebidos por fecundação homóloga post-mortem

Homologous post-mortem fertilization is an assisted reproduction technique that allows the conception of a child after the death of his biological father with the use of cryopreserved genetic material (semen). The use of this technique is considered a great scientific evolution, however it has been causing great legal controversies in the field of family law and inheritance law, since art. 1597, III of the Civil Code/2002, provides that the children born by artificial fertilization, even if the husband deceased, are presumed conceived in the constancy of the marriage, already art. 1798 of the same diploma, says that people born or already conceived at the time of the opening of the succession are entitled to succeed. Thus, in theory, children born from post mortem homologous artificial insemination would not be recognized as heirs and as there is no legislation of their own, the subject has been discussed by doctrine and jurisprudence. Therefore, the present study aims to systematically analyze the provisions of the Brazilian Civil Code, the existing positions on the subject and the need for regulation in order to provide legal certainty.