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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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Legal and ethical aspects of the protection of the beginning and end of human life and its dignity
Blažek, Petr ; Gerloch, Aleš (advisor) ; Salač, Josef (referee) ; Doležal, Tomáš (referee)
The subject of the following dissertation, as the title states, is to explore legal and ethical aspects of the protection of human life and its dignity. Its aim is not merely to attempt to map the present legal situation regarding the protection of human life in the legal system of the Czech Republic, but also to outline some philosophical and anthropological implications which could have considerable influence on the practical consequences of some legal measures, including general aspects of the protection of human life and the legal regulation of two areas of study chosen by the author, namely assisted reproduction and euthanasia. In this sense the following work does not simply describe the various philosophical- anthropological conceptions in a neutral way, but offers to the reader a possible model which, in the view of the author, best corresponds to the degree of protection that human life and dignity can claim in early and terminal phases, taking a neoscholastic and personalistic view of man and his ontological status, in order to try to deduce from this model ethical implications both in a general sense and in relation to the two above-mentioned areas of application. The aim of the work is thus not only to describe the degree of protection of human life de lege lata, but also by making comparisons...
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Ethical and legal aspects of human artificial reproduction
Blažek, Petr ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The subject of the following work, as the title states, is to explore legal and ethical aspects of the assisted reproduction. Its aim is not merely to attempt to map the present legal situation regarding the protection of human life in the legal system of the Czech Republic, but also to outline some philosophical and anthropological implications which could have considerable influence on the practical consequences of some legal measures, including general aspects of the protection of human life and the legal regulation of assisted reproduction. In this sense the following work does not simply describe the various philosophical-anthropological conceptions in a neutral way, but offers to the reader a possible model which, in the view of the author, best corresponds to the degree of protection that human life can claim in early phases, taking a neoscholastic and personalistic view of man and his ontological status, in order to try to deduce from this model ethical implications both in a general sense and in relation to the chosen area of application. The aim of the work is thus not only to describe the degree of protection of human life de lege lata, but also by making comparisons with legal regulation in selected European states (Germany, Italy, Great Britain etc.) and, taking into account the...
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Ethical issues of substitute motherhood
ROHOVÁ, Jana
The Bachelor thesis deals with the issues of surrogate motherhood. It focuses on the legislation of the Czech Republic and its development. It also includes legislation in foreign countries. It discusses the ethical issues connected with the issue of surrogate motherhood from the perspective of medicine, psychology, sociology, law and Christianity as well. It deals particularly with the status of the embryo, the issue of dehumanization and negative psychological impact of surrogate motherhood on all the sides participating in detail.
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Selected ethical issues in the Perinatology
KUBAŠTOVÁ, Zdeňka
Special literature analysis with special focus on ethical issues in perinatal period. Comparison of acquired information with opinion of postpartum women and Faculty of Health and Social Studies students concerning the surrogate mothers issue. The theoretical part of this thesis covers processing of selected ethical issues related to pregnancy, childbirth and the puerperium in both mother and child. There are many contentious issues concerning this period. The first goal was to find out (by means of a questionnaire) what the current generation of laboring women?s opinion on ethical issues is. The next part of the research analysis was opinion of Faculty of Health of Social Studies students on surrogate motherhood. The third step was to find out more about and suggest possible changes in treatment approaches in the delivery room. To assess the results, descriptive statistics method was applied, which is used in scientific research. A total amount of 92 women hospitalized in Department of Gynecology and Obstetrics in the hospital of České Budějovice in January 2013 answered a set of several closed questions. The question concerning role of surrogate mothers was answered by students of Faculty of Health and Social Studies in an e-learning forum. A total of 47 respondents took part in the discussion. Having compared the data gained with special literature analysis, I have made the following findings. The artificial insemination has become a common routine in the view of the current generation of mothers-to-be. As for the view on surrogate motherhood, there were differences between the opinion of postpartum women (rather negative) and the opinion of Faculty of Health and Social Studies students, who would predominantly endorse this practice, yet mentioned the need of statutory regulation. The dissimilarity of opinion is probably an individual matter. The postpartum women had their own child, whereas the students were not aware of their potential difficulty getting pregnant. The majority of the women interviewed would opt for abortion if recommended by a physician when diagnosed with congenital developmental defect in the fetus. However, I am now aware what level of awareness there is of possible complications associated with this surgery. Should the delivery come to pass, the vast majority of respondents would keep the child, however much handicapped, in the family. Most mothers would prefer to be informed about their child?s disease despite the fact that current medical knowledge would not have a cure for the disease. I positively appraise the women?s views related to preference of natural birth to operative birth and good response to delivery and post-delivery care in the hospital. Most respondents disagreed with the abolition of blanket calmetisation. It remains a question though, if they are fully informed about the secondary complications of this vaccination. Only few women interviewed are informed about undoubtedly interesting work of internationally recognized child psychologist Jiřina Prekopová. Based on the analysis of all information gained I came to the conclusion that even in the future it will not be possible to find unambiguous answers to some questions. It is necessary to carefully consider all decisions, especially in perinatal period, as it is not only the mother?s, but also the child?s life that matters and the effects may jeopardize the relationships in the whole family. This thesis may serve as educational material for Faculty of Health and Social Studies students, but above all it should address medical staff members and make them think about working procedure. It could also inform general public about current ethical problems.
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