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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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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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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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Determination of parenthood
Pomplová, Hana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
- Determination of Parenthood The topic of my thesis is Determination of Parenthood. With this topic are connected problems not only legal, but often also social and ethical. Parenthood affects all of us and it's an important aspect of human life. That's why there should be legal assurance in relationship between parent and child. Development in the field of medicine is still ahead (mainly thanks to methods of assisted reproduction and DNA analysis) and the rules of law should respond and deal with it. The aim of this thesis is describe and become acquainted with problematics of determination of parenthood, valorize how legislation responds to modern development and to propose possible changes. Thesis is prepared on the basis of existing legislation on the date of submission of the thesis. Thesis is divided into seven main chapters, which are divided to further subsections. First chapter deals with concept of parenthood and methods of determination. Second chapter describes historical development of legislation on Czech territory, since Roman law to recodification of civil law. Related third chapter concisely summarizes national and international legal sources of current legislation. Chapter four is about determination of maternity and problems of surrogacy, anonymous childbirth, concealed birth...
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The future of surgogacy in the legal system of the Czech republic
Pěnkava, Jan ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
1 The Future of Surrogacy in the Legal System of the Czech Republic Abstract This rigorosum thesis deals with the analysis of the current legal status of surrogacy in the Czech Republic and the possible future legal regulation of this institute while maintaining the current systematics of key legal norms and preserving the core values protected by the Czech legal order. The aim of this thesis was to confirm that the prohibition of surrogacy is implicit in the domestic legal system, to identify possible international obligations concerning surrogacy and to propose key principles for future legislation. The first chapter of the thesis analyses the term of surrogacy and terms related to it. The second chapter of the thesis is devoted to the constitutional framework of the issue and analysis of the case law of the European Court of Human Rights and the Constitutional Court. The third chapter is devoted to the content analysis of the surrogacy contract as a key defining sign of surrogacy and subsequent analysis of the key norms of the Civil Code that impact on surrogacy. The fourth chapter of the thesis is devoted to public regulation, in particular an analysis of the Law on Specific Health Services, the Law on Special Court Proceedings, the Criminal Code, the Labour Code and social security legal norms. From...
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Surrogacy
Pašková, Katarína ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Surrogacy Abstract The thesis deals with the topic of surrogacy as one of the options for treatment of infertility in couples. It deals with the approach to surrogacy taken by the legislator in the Czech Republic and raises the question of whether the current legislation is appropriate. The thesis examines the proposition that in a globalized world, it is not effective to prohibit surrogacy, but it is more effective to define its legal limits to protect the fundamental values and persons concerned. The thesis first defines surrogacy and the basic terms associated with it. It deals with the legal regulation of surrogacy in the Czech Civil Code. It describes the whole process of surrogacy, the legislation that affects it and the risks that are associated with it. First, it deals with the question, whether the law at all allows artificial insemination of a surrogate mother. It also deals with the issues of determining parenthood of a child, adoption of a child and the admissibility of financial compensation to a surrogate mother. It examines whether it is possible to conclude a valid contract on surrogacy and whether artificial insemination of a surrogate mother can be covered by the public health insurance system. It deals with the effects of surrogacy on labour law and social security law. It draws attention...
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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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Determination of parenthood in the light of the current status of reproductive medicine
Mervartová, Michaela ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of the diploma thesis is the determination of parenthood in the light of the current status of reproductive medicine. The importance of reproductive medicine is increasing in contemporary society in connection with the growing number of people suffering from infertility. Many infertile couples who have undergone reproductive medicine treatment have become parents through these methods. The question of legal parenthood in connection with the issue of assisted reproduction is the core part of the diploma thesis. The diploma thesis aims to perform a legal analysis of the determination of parenthood to a child born through assisted conception, to point out possible shortcomings in legal regulation and to recommend legislative amendments from the perspective of de lege ferenda. The first chapter explores effective legal regulation of maternity and paternity determination, defining the fundamental kinds of parenthood, because biological, genetic, social and legal parenthood should not be confused. The second chapter deals with assisted reproduction, which specifically manipulates human gametes. Attention is drawn to international and national legal regulation, including the question of legal parenthood of a child that has been conceived in this way. The next part of the thesis deals with...
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