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Surrogacy in case law of the Supreme and Constitutional Court
Kořistka, Jan ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Surrogacy in case law of the Supreme and Constitutional Court Abstract This diploma thesis deals with the phenomenon of surrogacy and places the topic and its aspects into the context of up-to-date social background, legal theory and practice and case law of the Supreme and Constitutional Court. The aim of this thesis is to provide a summary of all available theoretical and practical understanding of the matter, analysis of relevant case law and illustration of both legal and factual issues concerning surrogacy in the Czech republic for the reader to be able to form a comprehensive understanding of the matter, taking into account its interdisciplinarity. Keywords Surrogacy, surrogate motherhood, assisted reproduction, parenthood, best interests of the child, right to family and family life
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Surrogate Motherhood - Comparison of the Legislation in the Czech Republic and the Federal Republic of Germany
Kratochvílová, Johana ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The main subject of this master thesis is the issue of surrogacy in the Czech Republic and the Federal Republic of Germany. At the beginning, this thesis aspires to define the term surrogacy in general as well as other connected terminology, and subsequently to specify its categories and describe its major historic milestones. Afterwards, it deals with the rather brief Czech legislation concerning this institute and the consequences this has inevitably led to. It also concentrates on the methods of the assisted reproduction which help to put the surrogate motherhood into practice. This thesis does include ethical problems of surrogacy and some of the psychological and sociological aspects as well. Consequently, it summarizes sanctions which may arose as a result of surrogacy. After that, it explains the legislation related to this issue in the Federal Republic of Germany, its history and legal limits. It deals with the German sanctions which the realization as well as mere arrangement may be subjected to. It examines the standpoint of the German legislator regarding the right of a child to know his or her origin including its consequences, such as non-anonymous sperm donation and obligation of the legal parents to undergo a DNA test. It describes most recent demands of the society regarding the new...
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Womb for rent as a new reproductive technology in the Czech Republic
Kozlovská, Tereza ; Hrešanová, Ema (advisor) ; Samec, Tomáš (referee)
This bachelor thesis deals with the practice of surrogate motherhood in the Czech Republic, often labelled as "a womb renting". The aim of the thesis is to get a more in-depth insight into the given issue and to find out whether and how surrogate motherhood is practiced in our country due to the lack of research on this issue in the Czech context. The thesis is divided into four parts and the theoretical part introduces the theory of new reproductive technologies and related key concepts from the anthropology of kinship and human reproduction. The methodological part is a description of research, methods used and data collection. The research included an analysis of online discussions and interviews with seven informants that were conducted by various methods relative to the subject's sensitivity. The analytical part is divided into five parts that reflect the key parts of the process of surrogate motherhood, namely naming, searching, medical procedures, relationships and finance. The research shows the importance of reproductive history of surrogate mothers, which influences the process of the substitute motherhood from the very beginning. The experience of informants takes place mainly at health facilities in Brno, Prague or Zlín, others are not much talked about. In Czech context, an acceptable...
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The child trafficking issues
MAŘÍKOVÁ, Miroslava
Child trafficking is one of the forms of commercial sexual abuse of children which affects children of all ages. As a major issue, I see child labor, sexual abuse, child prostitution and pornography. The children's trafficking is the most widespread in Africa, but it can also be found in the Czech Republic. These issues are very well hidden and often involving customs officers, doctors or truck drivers. Child trafficking is one of the most profitable types of international crimes. Child trafficking is also done by parents themselves, who, in desperation, circumvent the adoption process and are looking for a way to get a child. The bachelor thesis is divided into two parts. The theoretical part deals with the basic global characteristics of child trafficking and its various causes and reasons of these trafficking. I also describe the various serious issues which are associated child trafficking You can find here also a few organizations which deal with and fight against child trafficking. The theoretical part ends with surrogate motherhood, which is becoming more widespread. The second part of my thesis is a practical part. I have developed this part in qualitative research. It includes a semi-structured interview with five children. Communication partners were used from the sports section. After a theoretical description of the selected strategy, methodology and technique, the sampling description and the research itself are followed. The main objective is to map children's perceptions of Internet risks. The research question focuses on the perception of children and the risks associated with social networks. The work should lead to the provision of understandable information on child trafficking and especially its consequences. The bachelor thesis could help the society to better orient itself in the global issue of child trafficking. The work can also be used as prevention in framework commercial sexual abuse of children for parents.
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Legal and Ethical aspects of assisted reproduction
Součková, Anna ; Frintová, Dita (referee)
This thesis deals with legal and ethical aspects of assisted reproduction. The aim of the thesis is to analyse the current legal regulation of assisted reproduction in the Czech Republic, in comparison with the legal system of selected countries. Further aim is to expose the legal regulation's deficits and suggest possible solutions de lege ferenda, particularly with regard to scientific developments and ethical attitudes of the current society. The thesis is divided into six chapters, including the introduction and conclusion. The introductory chapter outlines the issue of assisted reproduction and denotes individual areas on which the thesis will focus. The first chapter deals with the various methods of assisted reproduction and with the term of infertility from the perspective of medical and historical perspective. The second chapter focuses on the legal regulation of individual areas of assisted reproduction in the Czech Republic. Among others, these areas consist of the constitutional protection of the human embryo, the determination of parenthood, the issue of surrogacy, gamete donation and disposition of embryos. The third chapter deals with a comparison of legal framework in selected states. As a representative of the Anglo-American system was chosen United Kingdom of Great Britain and...
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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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Legal issues of surrogace motherhood in the Czech republic
Bártová, Helena ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Surrogate motherhood is considered one of the most disputed and controversial method of assisted reproduction available to childless couples. This contemporary topic assists rising numbers of couples with reproductive disorders. Professional and nonprofessional discourse on the topic of surrogacy has grown in the Czech Republic since 2009. This discussion has contributed to increasing destigmatisation of the parties that make use of the option of surrogate motherhood. As a result, we have first- hand accounts on how the Czech legal system in its current form responded. This diploma thesis presents an overview of the methods of assisted reproduction and their history as well as the legal basis for assisted reproduction in international, European and national law. Furthermore, the thesis touches upon the topic of surrogate motherhood with a view to identifying the risks and dangers of surrogate motherhood both in general and with a focus on the specific legal issues in the Czech Republic. In its conclusion it examines the politico-legal developments regarding surrogate motherhood both on the level of the European Union as well as the Council of Europe. The diploma thesis aims to map the legislation of surrogate motherhood in the Czech legal system including the first contact of the parties, the validity and...
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Surrogate motherhood
Hlaváčová, Markéta ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is analysis of attitudes, opinions and present legislation regarding a surrogate motherhood. The thesis should be recommendation of optimal legal adaptation of surrogacy in Czech Republic. The thesis looks into chosen issue through methods of comparison with foreign legislation and reminder of professional and non- professional views on the issue. The reasons for surrogacy legislation in Czech Republic are particularly the best interest of child, protection of surrogate mother's rights and rights of potential parents and many more. The surrogacy legislation would mean amendments of many legal regulations, which are propounded by the thesis. Keywords Surrogate motherhood, surrogacy, surrogacy legislation, determination and negation of maternity, biological mother, social mother, genetic mother, legal mother, the best interest of child, adoption, right to family and family life Name of the thesis Surrogate motherhood
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Surrogacy
Bílková, Barbora ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Surrogacy - abstract This master thesis deals with the phenomenon of surrogate motherhood (surrogacy) and analyses it from the point of view of Czech and British law, especially the Private law. Its main objective is to approximate to the answer to the question whether surrogacy should be entrenched in Czech law and, if so, what should the main features of such legal regulation be. In order to achieve this aim, it, firstly, focuses on the currently valid and effective Czech legislation. It is a well-known fact that, apart from the provision of § 804 of the Czech Civil Code, Czech law does not provide for surrogacy, at all. Surrogacy is, therefore, only partially regulated in some of its aspects, namely assisted reproduction, legal parenthood and adoption. Since the United Kingdom is often mentioned as one of the possible sources of inspiration for the future Czech legal regulation of surrogacy, British law concerning this phenomenon is considered in the following part of this thesis - especially in the light of the extensive case law. In particular, issues such as surrogacy arrangements, assisted reproduction, legal parenthood and transfer of legal parenthood (that is adoption and parental orders) are analysed. These are then subjected to critical assessment. In its last chapter, the thesis returns to the...
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Legal and ethical aspects of assisted reproduction
Součková, Anna ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with legal and ethical aspects of assisted reproduction. The aim of the thesis is to analyse the current legal regulation of assisted reproduction in the Czech Republic, in comparison with the legal system of selected countries. Further aim is to expose the legal regulation's deficits and suggest possible solutions de lege ferenda, particularly with regard to scientific developments and ethical attitudes of the current society. The thesis is divided into six chapters, including the introduction and conclusion. The introductory chapter outlines the issue of assisted reproduction and denotes individual areas on which the thesis will focus. The first chapter deals with the various methods of assisted reproduction and with the term of infertility from the perspective of medical and historical perspective. The second chapter focuses on the legal regulation of individual areas of assisted reproduction in the Czech Republic. Among others, these areas consist of the constitutional protection of the human embryo, the determination of parenthood, the issue of surrogacy, gamete donation and disposition of embryos. The third chapter deals with a comparison of legal framework in selected states. As a representative of the Anglo-American system was chosen United Kingdom of Great Britain and...
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