O DIREITO À HERANÇA DO FILHO CONCEBIDO ´POST MORTEM

Although advances in the field of Biomedicine, which made possible the use of assisted human reproduction techniques even after the death of one of the parents, the article 1.798 of Civil Code provides the legitimacy of succeed for people born and conceived at the time of the succession opening. Therefore, through a restrictive interpretation about the circumstances of homologous conception post mortem of the parent, the offspring, at birth, will not be considered an heir, although there is a presumption of paternity. Thus, in the absence of a specific legal provision for the topic, as well as the divergence in the doctrine, after a initial approach on Succession Rights and assisted human reproduction, the problem will be analyzed in light of the principles of the dignity of the human person, free family planning and equal filiation, in line with the dictates of legitimate succession.  For that, will be used the deductive research and bibliographic method, with a qualitative approach, concluding, in the end, that a child, regardless of his origin, has the right to his parent inheritance