Author(s) Tânia Filipa Oliveira da Cunha
Advisor(s) Cristina Dias
Year 2016
Synopsis The work aims to analyze the legal framework for medically assisted procreation homologous post mortem. Thus, the study is divided in a first part dealing with medically assisted procreation, its admissibility, the beneficiaries of PMA and the treatment given by Law No. 32/2006 of 26 July, with an assessment of the need or not for legal regulations and legal aspects. The second part of the study focuses on the problems resulting from medically assisted procreation homologous post mortem and the implications linked to the technique, such as the question of the legal status of the human embryo and the fate of surplus embryos. The third and final part of this work develops the succession aspects of assisted homologous procreation post mortem, analyzing the succession vocation, paying attention to the ownership of a prevalent designation and the person’s existence assumption to succeed the author heritage in order to determine the succession conservancy generated person after the death of the one who provided the genetic material and contributed to its formation and birth through a parental project. Thus, the evolution of science assisted with the scientific and technological advances allowed the company access to medically assisted procreation for cases where procreation naturally proves impossible to achieve. However, the current legislation is not able to answer important questions facing this reality, as is the case of the recognition of legal effects issue of new born filiation in relation to the beneficiary of the PMA technique. As a human being is worthy of legal protection and deserves the respect and equality that the law allows. These issues are crucial for the future life of the unborn child, immediately in their inheritance.
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Author(s) Tânia Filipa Oliveira da Cunha
Advisor(s) Cristina Dias
Year 2016
Synopsis The work aims to analyze the legal framework for medically assisted procreation homologous post mortem. Thus, the study is divided in a first part dealing with medically assisted procreation, its admissibility, the beneficiaries of PMA and the treatment given by Law No. 32/2006 of 26 July, with an assessment of the need or not for legal regulations and legal aspects. The second part of the study focuses on the problems resulting from medically assisted procreation homologous post mortem and the implications linked to the technique, such as the question of the legal status of the human embryo and the fate of surplus embryos. The third and final part of this work develops the succession aspects of assisted homologous procreation post mortem, analyzing the succession vocation, paying attention to the ownership of a prevalent designation and the person’s existence assumption to succeed the author heritage in order to determine the succession conservancy generated person after the death of the one who provided the genetic material and contributed to its formation and birth through a parental project. Thus, the evolution of science assisted with the scientific and technological advances allowed the company access to medically assisted procreation for cases where procreation naturally proves impossible to achieve. However, the current legislation is not able to answer important questions facing this reality, as is the case of the recognition of legal effects issue of new born filiation in relation to the beneficiary of the PMA technique. As a human being is worthy of legal protection and deserves the respect and equality that the law allows. These issues are crucial for the future life of the unborn child, immediately in their inheritance.
See more here.