Biasus, Alessandra ReginaPansera, Sabrina2024-03-182024-03-182023https://repositorio.uricer.edu.br/handle/35974/655Recent technological advancements represent a revolution in fulfilling human desires, enabling the conception of individuals through artificial insemination. However, this remarkable achievement in the field of biomedicine has triggered significant implications in the legal context. While the Civil Code of 2002, in its Article 1,597, establishes the presumption of parentage for those conceived after the death of the parent, Article 1,798 of the same code stipulates that only those conceived or born at the time of succession opening have legitimacy to inherit. Furthermore, this research aims to highlight the regulatory gap that exists in the Brazilian Legal System regarding the succession of individuals conceived after the opening of succession. Doctrine presents differing opinions on this matter, and jurisprudence has not yet provided specific guidance. Within this context, the study seeks to analyze the omission of the legislator in addressing the issue of succession legitimacy for those conceived after the succession's opening. We also aim to identify potential solutions through the relaxation of the principle of coexistence and the analysis of constitutional principles, with the goal of enabling the recognition of individuals conceived through posthumous homologous artificial insemination as legitimate heirs or testamentary heirs. In order to achieve the objectives defined in this research, an inductive method was employed, involving bibliographical, monographic, doctrial, and legislative research. This allowed for a thorough analysis of the effects of artificial insemination carried out after the donor of genetic material has passed away within the context of succession law.pt-BRDireitoReprodução assistidaEfeitos jurídicosInseminação artificialPost mortemTrabalho de Conclusão de Curso