Author(s) Daniela Alexandra Ribeiro Nogueira
Advisor(s) Cristina Dias
Year 2016
Synopsis The present dissertation focuses on the implications that the admissibility of medically assisted procreation Post Mortem techiniques, exercise on the portuguese inheritance law. The elaboration of this dissertation aims to study the problems raised by these techiniques and the solutions given by the doctrine and jurisprudence. The techiniques of medically assisted procreation have evolved at a breakneck speed over the past few years, and for which the Law has been slow to follow. On the other hand, the acess to these techiniques has increased considerably. One of the techiniques that raises more controversy is medically assisted procreation post mortem. This techinique puts into question the pillars of the Portuguese inheritance law. Therefore, it is important to know what is its legal framework and whether it is permissible for a person who is born through this techinique can be called to the sucession. To this end, it is necessary to first analyze the treatment granted by law to the PMA and the legislative developments in this field, and then to address the admissibility of this techinique and the problems involved, in particular the right to dispose of the genetic material after the death of man, the legal status of embryos and the fate of surplus embryos to last in studying the establishment of sonship in these cases, and the inheritance rights granted to the person born through medically assisted procreation post mortem, and the inheritance protection given to the person who comes to be born fruit these techinique.
See more here.
Author(s) Daniela Alexandra Ribeiro Nogueira
Advisor(s) Cristina Dias
Year 2016
Synopsis The present dissertation focuses on the implications that the admissibility of medically assisted procreation Post Mortem techiniques, exercise on the portuguese inheritance law. The elaboration of this dissertation aims to study the problems raised by these techiniques and the solutions given by the doctrine and jurisprudence. The techiniques of medically assisted procreation have evolved at a breakneck speed over the past few years, and for which the Law has been slow to follow. On the other hand, the acess to these techiniques has increased considerably. One of the techiniques that raises more controversy is medically assisted procreation post mortem. This techinique puts into question the pillars of the Portuguese inheritance law. Therefore, it is important to know what is its legal framework and whether it is permissible for a person who is born through this techinique can be called to the sucession. To this end, it is necessary to first analyze the treatment granted by law to the PMA and the legislative developments in this field, and then to address the admissibility of this techinique and the problems involved, in particular the right to dispose of the genetic material after the death of man, the legal status of embryos and the fate of surplus embryos to last in studying the establishment of sonship in these cases, and the inheritance rights granted to the person born through medically assisted procreation post mortem, and the inheritance protection given to the person who comes to be born fruit these techinique.
See more here.