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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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Legal status of adopter and the best interests of the child
Pilařová, Eva ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
This rigorosum thesis focuses on the analysis of the current legislation of the institute of adoption in Act No. 89/2012 Coll., the Czech Civil Code, focusing on specific requirements for the person of a potential adopter. Criteria related to the legal status of the adoptive parent are critically examined in this work primarily through the prism of the equality principle and the principle of the best interests of the child as a paramount principle of adoption enshrined in international conventions by which the Czech Republic is bound. The main goal of this work is to draw attention to the conservative approach of the national legislator to issues related to the adoption of the child, in which the strong roots of historical views and traditions are still evident. The evaluation of the suitability of the adopter's marriage as a basic condition for the adoption of a child is realized by comparison with foreign legislation, by analysis of relevant provisions of international treaties governing family and child rights and foreign case law and by research in sociology and law. The final part of the thesis is devoted to reasoning about the legal regulation of the requirements for the legal status of the adopter de lege ferenda. The final chapter contains a summary of the reasons why the current approach...
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Adoption
Kliková, Jana Ela ; Radvanová, Senta (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis about adoption was to analyse this juridical institute deeper and describe its genesis in a period from about 1811 till present time, when legislation work on new Civil Code is ending. This work was focused on analysing actual legal regulations and some of its crucial problems, that rises from its aplications. With regard to historical closeness of German and Czech law, main differences between these legal regulations of this juridical institute of adoption were compared and determined. The character of the juridical institute of adoption has changed since beginning of 19th century from conception that protected mainly proprietary relations to current character as a form of substitutional family care. Especially aspects coming from basic human rights that were included in many international conventions (including Declaration of Basic Rights) during second half of 20th century were highlited. Methods like comparing and determining resulting from available literature were used for this work.
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The Process of Adopting a Stepchild throught the Eyes of the Stepparents in the Czech Republic
Kočárníková, Tereza ; Vágnerová, Marie (advisor) ; Procházková, Jana (referee)
This thesis deals with the process of adopting a child through the eyes of step parents in the Czech Republic. In the theoretical part, with the help of external sources, it explains the current substitute family care with its conditions in the Czech Republic. More emphasis is put on the conditions of an adoption, legal release of a child, mediation of an adoption, and lastly the steps that lead to a child adoption in the Czech Republic. The practical part is written with the help of data acquired from a qualitative research with adoptive parents. Based on the adoptive parent interviews, it introduces their experience with the process of child adoption and explains the shortcomings which they encountered in the process. The results of the research imply that the average waiting period for a child is 25 months in the Czech Republic. One of the largest downsides for adoptive parents is that each Czech region acts on its own and a centralized adoption system is non-existent in our country. Keywords substitute family care, adoption, adoptee, adopter, foster care, biological parent
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Incomplete adoption and its legal consequences
Vampolová, Gabriela ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Incomplete adoption and its legal consequences Abstract This diploma thesis focus on the analysis of Czech legislation of incomplete adoption and its legal consequences. Incomplete adoption in Czech legislation is understood as a adoption of full age person. This legal institut was adjusted in the Czech legal system until 1950, then it disappeared from the Czech legal adjustment and was re-introduced with approval of Act No. 89/2012 coll., The Civil Code. Contemporary legislation distinguishes between two types of a full age adoption, namely adoption, which is similar to the adoption of a under age person, and adoption, which is not similar to the adoption of a under age person.The distinction between these two types of a full age adoption, in contrast to the distinction between complete and incomplete adoption, is evident from the legal adjustment in The Civil Code, where each of the mentioned types of full age adoption is adjusted in a separate legal provision. The first part of the work deals with the single concept of adoption, its development and possible ways of division, most of which in this part of the work focus on the division of adoption into complete and incomplete. What can be considered as incomplete adoption in the Czech legislation has already been stated, it is therefore necessary to state...
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Establishment and revocation of adoption in our country and in other legal systems
Němec, Viktor ; Frinta, Ondřej (referee)
Establishment and revocation of adoption in our country and in other legal systems Abstract The diploma thesis is devoted to the establishment and revocation of the adoption of a minor child in the Czech Republic, the Netherlands and the Australian state of New South Wales. The thesis consists of an introduction, seven parts and a conclusion. In the first part the author deals with the historical development of the institute of adoption in the Czech territory, explaining the idea and conception of adoption according to Czech Civil Code and its division according to theoretical typology. The second part discusses the conditions of adoption. The author pays special attention to the position of the child and his / her best interest, as discussed by Czech law and international human rights conventions. Further explanation is focused on adopter and the position of child's parents. The third part of this thesis is focused on adoption service and adoption's procedurals in the court. In this section, the author describes how the child is adopted. It also deals with the legal position of persons involved in the proceedings, representation and proceedings obstacles. In the fourth part, attention is focused on the consequences of adoption decisions for the child and other persons. The author emphasizes the difference...
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Legal protection of the child within the intercountry adpotion proceeding
Smeková, Ivana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
6 ABSTRACT IN ENGLISH The International Adoption has been introduced to the Czech law in a greater extent, in 2000, when the Czech Republic acceded to the Hague Convention on Protection of Children and Co-operation in Respect of intercountry Adoptions (1993). The Czech Republic currently provides a relatively large number of children each year for intercountry adoption to another contracting state. Nonetheless, no complex scientific publication on intercountry adoption does not exist in the Czech Republic so far, as most of the authors of expert's articles, textbooks or commentaries continue to perceive the intercountry adoption only as a marginal complement to adoption on national basis. International adoption pursues the same objective as adoption on national, namely, to find suitable new parents for the child, always in accordance with the child's best interests. However, international adoption is much more complex, as cooperation between several administrative authorities in the Czech Republic is not sufficient to effectively protect the rights and interests of the adopted child, but it is necessary to ensure mutual cooperation between administrative authorities in two sovereign states. This thesis contains a brief explanation of the institute of intercountry adoption, and its legal regulation,...
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Establishment and revocation of adoption in our country and in other legal systems
Němec, Viktor ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Establishment and revocation of adoption in our country and in other legal systems Abstract The diploma thesis is devoted to the establishment and revocation of the adoption of a minor child in the Czech Republic, the Netherlands and the Australian state of New South Wales. The thesis consists of an introduction, seven parts and a conclusion. In the first part the author deals with the historical development of the institute of adoption in the Czech territory, explaining the idea and conception of adoption according to Czech Civil Code and its division according to theoretical typology. The second part discusses the conditions of adoption. The author pays special attention to the position of the child and his / her best interest, as discussed by Czech law and international human rights conventions. Further explanation is focused on adopter and the position of child's parents. The third part of this thesis is focused on adoption service and adoption's procedurals in the court. In this section, the author describes how the child is adopted. It also deals with the legal position of persons involved in the proceedings, representation and proceedings obstacles. In the fourth part, attention is focused on the consequences of adoption decisions for the child and other persons. The author emphasizes the difference...
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