Posthumous assisted reproduction and the succession rights of posthumously conceived children

Abstract

Currently, Posthumous assisted reproduction (PAR) is one of the possible tools for implementing free family planning. Nevertheless, Brazilian law has not yet regulated the consequences of this practice, making the succession rights of a child conceived after the death of their parent uncertain. In this regard, the objective of this work is to demonstrate that, based on the principle of equality among children, a child conceived post-mortem has a legitimate inheritance claim and to advocate for the possibility of establishing a timeframe for their conception. The research is of a juridical-dogmatic nature, conducted based on data from legal doctrine, jurisprudence, current legislation, and bills. It is concluded that a child conceived through PMAR is among the mandatory heirs and can claim their share through an inheritance petition. However, it is necessary to establish a timeframe for conception in order to ensure the security of the coheirs.