Revista de Biodireito e Direito dos Animais (Jun 2017)

POST-MORTEM ASSISTED REPRODUCTION IN BRAZILIAN LAW

  • Raphael Rego Borges Ribeiro

DOI
https://doi.org/10.26668/IndexLawJournals/2525-9695/2017.v3i1.2026
Journal volume & issue
Vol. 3, no. 1
pp. 36 – 56

Abstract

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The present article investigates the main questions regarding the acceptance of post mortem assisted reproduction in Brazil. First, the treatment of the matter by the Federal Council of Medicine is addressed. The orphanhood of the offspring, the consent of the deceased donor, the fertile widow's access to the artificial conception, the egoistic motivations for the use of the technique, and the supposed unequal succession treatment given to the posthumous children are questioned. In the end, without discarding the existence of several other discussions, the present work concluded that the Brazilian legal system welcomes the performance of assisted reproduction post mortem.

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