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Determination of parenthood
Kozáková, Lenka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Establishing parentage The subject of this master thesis is the issue of establishing parentage. The thesis targets areas of establishing parenthood, issues of three legal presumptions and last but not least, parenthood denial. The question of establishing maternity is examined mainly from perspectives including surrogate maternity, assisted reproduction method and secret and anonymous delivery. All matters are reviewed based on the valid amendment to Act No. 89/2012 Coll., the Civil Code that has come into effect on 1.1.2014. The goal of the thesis is it to introduce, describe and analyze the new amendment to the Family Act. Further, it aims to compare individual institutions with respect to changes made to the Family Act in the past and those made as a part of the new amendment. The thesis consists of eight key chapters. The initial chapter targets relationships among parents and their children, protection of children's legal rights as well as a child's right to know its biological origin. Following, the second and the third chapters concentrate in depth on legislation of the paternity establishment per se. While the second chapter covers the historical development of the legislation from the ancient Rome era until present, the latter chapter intends to introduce the legislation from domestic,...
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Parenthood as the legal problem
Hanuš, Daniel ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The aim of the thesis is to define content of various aspects of parenthood as they are currently perceived and treated in the legal order of the Czech Republic. The theme is reflected in the work with regard to its historical legal developments, including the reflection of the current Czech legislation. Mentioned is also legislation in terms of international law. It often represents the direction of Czech legislation. The main idea of the domestic legislation parenthood child's interest and the protection of basic human rights. The child is seen as a specific body of legal rules with all its peculiarities and increased need for legal protection with regard to their position in society. For contemporary society, which is child-centered, that is child-centered, are issues related to the rights of the child and his relevant status and position is important to be dealt with in relation to the child as possible and thoroughly as possible. The first part is devoted to the historical and legal aspects that are associated with parenthood issues. They discussed the basic concepts, such as a child, parenthood and family. Basic contents and meanings of these terms are viewed with regard to their interdisciplinary overlap. The core of the work, which is the most attention is the issue of motherhood. This...
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Determination of paternity
Vykydalová, Alice ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The thesis deals with parentage determination. At present, this issue is becoming more and more topical due to current diversion from traditional values, the traditional model of family in particular. The thesis concerns not only with the determination of paternity, but also with maternity determination, which is mentioned with regard to assisted reproduction and surrogacy. Emphasis is placed on both, current legislation and the new Civil Code coming into effect on 1 January 2014. The thesis is divided into eight chapters. The introduction discusses possible views on the concept of parenthood. Furthermore, it introduces the issue of parentage determination, especially in connection with the increasing number of children born outside marriage. The following chapter is devoted to legislative regulation of parentage determination itself. Firstly, it elaborates the history of such regulations with focus on Roman law and the Austrian Civil Code. Subsequently, it describes the current legislation and briefly comments on the new Civil Code, which is further discussed in the corresponding chapters. The third chapter examines the determination of maternity. Included are the issues of assisted reproduction and surrogacy, as well as anonymous and concealed births, which have become an important topic rather recently....
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Determination of Parenthood
Šilarová, Věra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood (Abstract) The determination of parenthood is undoubtedly a very topical issue. There are significant changes which are consequences of modern society approach to the family life as well as of massive progress in the field of medical science and genetics. The development in these areas has brought new concepts such as baby-boxes, assisted reproduction and surrogacy. Now it is up to the legislation to provide rules within the legal framework for these new institutions to steady parental relationships and to secure their protection as well. The aim of this thesis is to familiarize the reader with Czech legal regulation of determination of parenthood by means of its description and analysis. Another aim of the work is to compare this legal regulation with regulation in other countries, in particular in Germany and to find similarities and differences between them. Finally the thesis highlights new institutions within determination of parenthood. This thesis consists of nine chapters which deal with particular parts of its subject-matter. The opening chapter discusses the relationship between a parent and a child both theoretically and historically. Apart from that it also describes legal regulations applicable in the Czech Republic and Germany in the course of time. The second...
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Determination and denial of parenthood
Skočková, Sylva ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The rigorous thesis deals with the determination and denial of parenthood and relevant legal regulations. The thesis is divided into eight chapters. The first section monitors the historical development of determining parenthood from the Roman era through modern European legal regulations to the current Czech legislation. The second part is addressed to major sources of law in terms of the determination and denial of parenthood, whereas the third one dwells on the crucial case law of the European Court of Human Rights. The fourth chapter clarifies issues related to the determination of motherhood including secret and anonymous childbirths. The fifth section engaged in assisted reproduction and surrogate motherhood is followed by the next part regarding the determination and denial of fatherhood. The seventh chapter comparing the Czech and the Slovak legal regulations comes next. The last passage mentions the relevant treatment in the New Civil Code.
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The right of a child to know his/her genetical origin
Zýchová, Jana ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
My thesis deals with the child's right to know his or her genetic origin. It is a universal human right guaranteed by the Convention on the Rights of the Child. The Article 7, paragraph 1 states that every child has a right to know his or her parents, if possible. European Court of Human Rights repeatedly postulated that the right to know one's origin is an integral part of the right to respect for private and family life provided by the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The purpose of my work is to explain on particular problems, to what extent is this right respected in the Czech Republic, in conformity with its international obligations. The text is based on valid legal status to June 21, 2011, with regard to proposed changes in the upcoming adoption of the new Civil Code. The text is systematically divided into seven chapters. The first chapter is focused in general on the right to know one's own origin in the human rights dimension. The following chapters examine particular relevant sections of family law and its imperfections. Firstly, I discuss the issue of determination and denial of parenting with an emphasis on emerging deliberate disharmony between biological and legal parenthood. Furthermore, I focus on the issue of adoption,...
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Determination of parenthood
Adámková, Olga ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood Determination of parenthood is very actual topic due to the constant changes of the traditional understanding of the family and family relationships. It is primarily the development of modern medical science, biology or genetics that has brought new concepts into the issue of determination of parenthood. For example surrogacy, assisted reproduction or baby boxes. The legislation must responds to these changes in order to stabilized family relationships and to ensure their protection. The aim of this thesis is to describe and to analyze Czech legal regulation of determination of parenthood and to compare it with not only European but also global legislation. The analyse of valid legal regulation highlights questionable passages that may cause difficulties in its interpretation or practical application. The thesis is composed of nine chapters, each of them dealing with different aspects of determination of parenthood. Opening chapter introduces the historical development of relationships between parents and children in Roman and European law. It focuses on legal standards applicable in our country during the period of time from the establishment of the Czechoslovak Republic to the present times. Chapter Three is devoted to determination of maternity. It focuses on concealed birth,...
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Mothers for Sale: Advantages and Disadvantages of Paid Surrogacy
Peštová, Marie ; Chalupníček, Pavel (advisor) ; Houdek, Petr (referee)
The work focuses on the issues of the market solving the human organ shortage. The market solution faces the same criticism as the commercial surrogacy. The main purpose of the work is to evaluate the commercial surrogacy system efficiency. Within the solution of this question, the work focuses first on the analysis of the arguments against a market in human organs and consequently theise objections applies to the surrogate motherhood with emphasis on the problem of adverse selection, which from an economic point of view appears to be the most serious. In the applied part the paper tests the existence of the signs of the adverse selection in the countries where payment for the surrogacy is legal. The paper leads to the conclusions, despite some specifics of the market, this solution is efficient and the market itself creates sufficient mechanisms to prevent adverse selection
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Some Ethical Aspects of Assisted Reproduction
VEJMĚLKOVÁ, Iveta
This work deals with ethical aspects of surrogacy. The first part is an overview of the issues of infertility, its causes and methods of treatment. To the end of this chapter the definition and the types of surrogacy are given. The following section references to the ethical and the legal issues connected with it. Then follows the part where differently motivated stories of people whose lives have been affected by the replacement of motherhood are listed. The last section is devoted to the results of a questionnaire completed anonymously in order to seek public opinion on surrogacy. Responses obtained through questionnaires reflect the extent to which the public is informed about the replacement of surrogacy and what is the opinion on the possible legalization.
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