The Rights Of Inheritance Of The Embryo Conceived Post Mortem

The subject to be discussed is the Brazilian inheritance law of those conceived through assisted reproduction techniques carried out post-mortem. In Brazil, there is no legislation that regulates assisted reproduction, therefore, the parties must follow the ethical standards attributed to the medical society through Resolution nº 2.320/2022 of the Federal Council of Medicine. However, the present work aims to contemplate, through a deductive approach and qualitative and bibliographical research, possible interpretations regarding the inheritance rights of these children. Given the gap in the Civil Code only recognizing affiliation in cases of post-mortem homologous assisted reproduction, thus, given the existing legal uncertainty, the research brought a reflection on the principles existing in the legal system and the existing doctrinal currents on the topic. It is concluded that the Saisine principle should not apply in cases of post-mortem assisted reproduction, thus enabling the inheritance rights of children artificially conceived after the death of one of their parents.