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Substitute family care
Petrů, Jaroslava ; Kohnová, Jana (advisor) ; Jančaříková, Kateřina (referee)
The bachelor thesis focuses on substitute family care in the Czech Republic and its importance for the child. The theoretical part defines the basic terms, describes history and the forms of substitute family care. It also deals with the process of placing a child in substitute family care, the preparation of foster parents and the legislation regulating substitute family care. The practical part is based on qualitative research in families with children in foster and tutelary care, in families with adopted children, in Klokánek and in SOS Children's Villages. In the final part of the work the gained knowledge is analysed and processed and at the same time the importance of substitute family care for the child is pointed out.
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Legal issues of Surrogacy
Antošová, Barbora ; Holčapek, Tomáš (advisor) ; Salač, Josef (referee)
This master thesis deals with the issue of legislation of surrogacy. Development in the area of reproductive medicine as the first "test tube baby" in 1978 and following medical progress has inevitably brought development expansion of this institute. This institute, although that it brings with itself many ethical, social and legal questions, is not legally regulated in the Czech Republic (except one provision, Art. 804 of the Civil Code). Therefore, this master thesis tries to provide a proposal of legislation which might be adopted in the Czech Republic, using primarily analytical and comparative methods. After the surrogacy is explained and forms and models of it are described, the international framework is clarified. Although many states realize actuality of this topic, there has not been any international legislation adopted that would regulate e.g. surrogate tourism, until this day. However, there is a certain guideline, namely the interest of a child, as the European Court of Human Rights judged. State's legislations range on the scale from criminalization (France) to legalization of its commercial form (Ukraine). After evaluation of legislation of some states whose regulations show real functioning of models of surrogacy, it is clear that the United Kingdom of Great Britain and Northern...
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Reflection of the right to know one's own origin in the Czech legal order (critical study)
Morongová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Abstract, Keywords The thesis concerns itself with the analysis of Czech legislation currently in effect with respect to the right to know one's origin. Discussed are the contents of this right, the legislation's addressees, Article 7 of the Convention on the Rights of the Child including the reservations to it made by the Czech Republic. The affected Czech regulations and their reforms are also talked about. Attention is also given to the issue of determining one's parentage. The bulk of the thesis is made up of analyzing the issues of assisted reproduction, surrogacy, adoption, anonymized and confidential childbirths, and baby boxes in regard to protecting the right to know one's origin. The thesis aims to critically evaluate current legislation, point out its shortcomings and suggest possible future development as the right to know one's origin isn't currently being given enough attention. Some of the aforementioned institutes aren't set out in law at all, others give preference to the anonymity of the child's biological parents. Adoption has recently seen some positive development with the recodification of the civil law, however even this is an area that leaves a lot to be desired as there still are certain faults and deficiencies of the legislation. Keywords: Right to know one's origin, assisted...
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Adoption in a Wiewpoint of the Czech Legal System and the International Treaties (Critical Comparative Study)
Hrubešová, Nikola ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The presented master thesis deals with the issue of adoption of a child, both from the viewpoint of international treaties, as well as the Czech law. The attention is paid to the comparison between the relevant provisions in the Civil Code and the rules contained in the international treaties. Also the way in which the Czech republic reflected the requirements imposed by international treaties is evaluated. The thesis contains an introduction; it is further divided into six chapters and ended with conclusion. First chapter is dedicated to the concept of adoption and the perception under the effective legislation. This chapter also enumerates the particular international treaties, which deal with the adoption and lay down the fundamental requirements for national regulations of the State parties. The second chapter defines the types of adoption including the brief characteristics and description of the main dissimilarities. Due to a certain controversy, the matter of revocation (annulment) of adoption and irrevocable adoption is discussed in more detail. The third chapter introduces the general conditions for the realization of adoption. These are, in particular, the conditions to be met by the adopter or adopters, but some of them are to be met by the adoptee itself or can be based on the specific...
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The legal status of parents of a child in case of the child's adoption
Oliveriusová, Monika ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The aim of the work is to analyze efficient legislation concerning the posi- tion of a child's parents during the child's adoption and the adoption itself considering the current issues and legislation in the new Civil Code. The analyti- cal and comparative methods are especially used. The work is divided into five chapters. The first chapter deals with definition of the basic terms that are treated further in the work. It also classifies the institute of adoption in a broader frame- work of the substitute family care. The second chapter focuses on the legislation of adoption. It is divided into six subchapters with the third one being crucial and dealing with the conditions of adoption. The third and largest chapter is the sub- stance of the work. It concerns an analysis of the current legislation concerning the legal position of child's parents while adopting the child. This part also fo- cuses on the new formulation of a parent's disinterest in connection to the new Civil Code. This chapter also includes an issue of giving birth to a child in secret, which is discussed frequently among both experts and the public. Due to the tra- dition of this institute in France there is also an insight in the French legislation. The fourth chapter focuses on the procedural position of a child's parents both...
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The legal status of parents of a child in case of the child's adoption
Vaisová, Petra ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The legal status of parents of a child in case of the child's adoption Abstract The thesis is concerned with adoption, focusing primarily on the legal status of child's parents during adoption proceedings. It aims to highlight the current problems, which stem not only from the incompleteness and ambiguity of the legislation, but also from its application in practice. When analyzing the particular topics, I relied on professional publications and commentaries on laws, which I compared with the actual articles in selected journals and the current jurisdiction, which, however, is not too rich in this area. Practical side was consulted with Dr. Zarasova - an employee of the Department of Social and Legal Protection of Children in Ministry of Labour and Social Affairs. The work consists of an introduction, five successive chapters and a conclusion. The first chapter defines the basic terms that are often used in practice and the definition of which is often not entirely clear - children, parents and family. In addition, this chapter addresses the concept of substitute family care and introduces some of its forms, which the law in the Czech Republic offers. As an overview, several international and year-to-year comparisons are also listed. The second chapter investigates the actual adoption in more detail. It...
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The process of endorsement of applicants for the adoption
Novoveská, Lucie ; Poláčková, Věra (advisor) ; Vítečková, Michaela (referee)
Anotation: This work is dedicated to substitutional family care, especially adoption. It engages in comparation of institutional and family care, motivation for being parents, types of substitutional family care, adoption, its history, types, biological an psychological points of view and other aspects. The main subject is the process of endorsement of applicants for adoption that is compulsory for all applicants who decided to adopt a child. I analyzed the whole process and its particular parts. In the research I made an analyzis of experience of the applicants with this process. The last part of the work includes profiles of six families that show differences of the applicants and their family background.
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The role of the Authority providing Social and Legal protection of Children in the process of arranging adoptions
Slezáková, Barbora ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
RESUMÉ The role of Social and Legal Authority providing protection of Children in the process of arranging adoptions This thesis deal with the The role of Social and Legal Authority providing protection of Children in the process of arranging adoptions. The Social and legal protection of children is one of the most important activity. The state cares about children without parents. The aim of adoption is acceptance of another person as their own. The thesis is divided into two parts and six chapters. The first part is devoted to institute of adoption. The Civil Code changed view of the adoption. Now the adoption isn't one of the types foster care of children, but the adoption is at the same level like biology relationship between parents and children. The first chapter describes historical development of adoption. The Second chapter describes the institute of adoption, for example sorts of law, main characteristics, type and conditions of adoption, consents with adoption, care before adoption and revocation of adoption. The second part describes process of arranging adoption. The third chapter describes social and legal protection of children. This chapter is devoted to term social and legal protection, historical development and authorities. The fourth chapter is the main of chapter, which is devoted to...
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Services provided to Foster Families
Bártová, Marie ; Poláčková, Jana (advisor) ; Procházková, Jana (referee)
This bachelor thesis deals with the services provided to foster families in Prague and South Moravia. The theoretical part is devoted to general information about foster family care and its history. It also focuses on organizations that provide services to foster families. The practical part is elaborated from data obtained through qualitative research. The interviews were conducted with foster mothers from the capital city of Prague and the South Moravian Region, and based on these interviews, the experiences of foster mothers with the services provided to such families in the Czech Republic are analyzed. The research results show that organizations designed to help foster families provide these services, but in practice, they do not work as they should. It also shows that the preparation for foster care takes, on average, around three years.
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