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This article discusses consent in post-mortem assisted reproduction through the tension between reproductive autonomy and legal certainty. The bibliographic and documentary research examines the Constitution, civil legislation, CFM and CNJ rules, REsp 1.918.421/SP, Bill No. 4/2025, Amendment No. 189, and recent studies. The sources agree on the need for prior and specific intent, but do not provide a fully uniform answer on how it must be proven. It argues that autonomy requires unequivocal reproductive intent and reliable evidence, without reducing such intent to a single documentary form.
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Neto et al. (2026) studied this question.
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