A autonomia reprodutiva da mulher na reprodução assistida homóloga post mortem e a conclusão do Recurso Especial nº 1.918.421/SP

Abstract

This study aims to explore women's reproductive autonomy, focusing on family planning disrupted by the death of a husband or partner, and the continuation of the surviving spouse's or partner's desire for motherhood through posthumously assisted reproductive techniques. The study highlights the reproductive rights guaranteed to women and their autonomy in deciding when and how many children to have. It addresses the scarcity of legislative provisions, relying on informative and ethical standards applicable to post mortem assisted reproduction. The research examines the feasibility of insemination or implantation of genetic material by the widow, the necessity of prior authorization before death, and the right to filiation in post mortem homologous assisted human reproduction as outlined in the Código Civil Brasileiro. This issue was addressed by the Superior Court of Justice during the judgment of Special Appeal nº. 1.918.421/SP. The conclusion emphasizes the need for consolidation in doctrine and jurisprudence to strengthen the legislative process, which has recently gained attention in the Civil Code reform project. It also underscores the importance of ensuring the effectiveness of family planning for the surviving spouse and the deceased's wish to continue their lineage posthumously, while minimizing excessive formalities.