Post mortem assisted reproduction: a guarantee of the right to family planning

Abstract

This article will address the couple's right to family planning, who have the freedom to choose whether or not to have children and how they will have them. Therefore, family planning should not be seen only as the prevention of pregnancy, but the way and the time to exercise parenting. For this, public policies are important, so that information on the subject is disseminated, and so that couples who have sterility and infertility problems know that they have alternatives to fulfill the dream of starting a family. There are options such as medication to stimulate ovulation and the many assisted reproductions that use different techniques, which can be used even after death. Therefore, this research aims to address cases in which one of the spouses or partner dies, without implementing the family planning foreseen in life, through assisted reproduction with genetic material already collected. In the present study, a deductive study was carried out, starting from the premise that it is important to have specific legislation and public policies on the subject, so that legal uncertainty ceases and couples can plan their future with more confidence, in relation to the Brazilian legal system and proceed with their family planning. Thus, it is concluded that there is a need to ensure that family planning is carried out, even in post mortem cases.