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Surrogate mothethood: Comparison with legislation in French speaking countries
Musilová, Kateřina ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Surrogacy is a very current and controversial issue resonating in almost all countries. It is a method of assisted reproduction that is used in most states primarily to treat infertility, but in some it is also available to homosexual couples. Surrogacy is sometimes considered unethical, immoral or against the natural course of nature, especially in its commercial form. The legal regulation of surrogacy and its various forms varies between countries for cultural or historical reasons, but can be divided into three categories. States permitting, states pro- hibiting and states not regulating surrogacy. The aim of this thesis is to compare the legal regulation of surrogacy in selected countries with the legal regulation in the Czech Republic. The thesis compares the legislation in Bel- gium, France and Quebec. Each of these countries has a different approach to surrogacy as such and to its regulation. France is one of the states that prohibit surrogacy, Quebec is one of the states where surrogacy is not explicitly regulated but where surrogacy contracts are null and void, and Belgium is one of the states where surrogacy is in a grey area but where repeated efforts can be seen to establish clear legislation. The thesis also discusses court decisions in individual states that address the most com- mon...
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Ethical aspects of dignified early life
MACHÁČEK, Stanislav
The thesis focuses on ethical aspects influencing dignified beginning of life. Main subject is the issue of infertility and possible ways of its resolution. Introduction part defines concept of infertility, analyzes causes of infertility and presents the most common methods of assisted reproduction. Fundamental ethical problems associated with individual methods of assisted reproduction are analyzed in next section. Attention is also paid to legislation of assisted reproduction in the Czech Republic, not only to legal framework of individual methods but also to determination of motherhood and paternity. Separate chapter is devoted to issue of surrogate motherhood which is a current and highly controversial topic. Conclusion of the thesis is dedicated to psychological impacts on couples living together and opportunities for social work.
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Ethical Aspects of Uterine Loss or Surogate Motherhood
Huruglicová, Monika ; Fošum, Jan (advisor) ; Štica, Petr (referee)
The diploma thesis "Ethical Aspects of Uterine Loss or Surrogate Motherhood" summarizes the historical development and present in the field of surrogate motherhood. It focuses on ethical aspects and pitfalls of this institution. Surrogacy is the only option for many couples to conceive a child of their own. We have to take into account aspects that can disrupt the lives of everyone involved. Ethics, law and psychology play a major role here. Should a woman accept that one cannot have everything in life? How does the Church and theologians in general view this situation? The child is between two mothers and bears the psychological and psychiatric consequences of finding out that the mother who gave birth to them will give "her" child to another mother after birth. Is it ethical to tell the child the truth? This and many other ethical questions arise in the institution of surrogacy and I will address some of them. Keywords Rental of uterus, surrogate motherhood, infertility, surrogate mother, conscience, hope, non- acceptance, altruism
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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 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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Surrogate motherhood de lege ferenda
Kopková, Kateřina ; Frinta, Ondřej (referee)
Name of the thesis Surrogate motherhood de lege ferenda Abstract The thesis deals with the issues surrounding surrogate motherhood. With the first chapter outlining the terms connected with the topic and describing the possible ways parents can find a surrogate mother. The second chapter explores the methods of artificial insemination. The third chapter analyses current legal regulation of surrogate motherhood in the Czech Republic. Including the evaluation of mater sempter certa est principle and section § 804 of Civil Code, the only section, which explicitly mentions surrogate motherhood. The chapter further explores surrogacy contracts and the decision number I. US 3226/16 of the Constitutional Court of the Czech Republic, with an analysis of supporting and opposing arguments with regards to the decision. Chapter four looks into the foreign laws surrounding surrogacy. It reviews not only the variety of state regulation, where surrogacy is legal and accepted, such that of the United States, Ukraine and India, but also regulation that prohibits surrogacy, such as Germany. The topic of surrogacy tourism and the legal uncertainty which this causes is also examined. For instance, the citizenship issues that may arise for a newborn child. Chapter five recounts the opinion of the European Court of Human Rights...
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Surrogate motherhood in European countries
Hovorková, Jana ; Elischer, David (referee)
Surrogacy is a contemporary and highly controversial social issue. It is closely linked to assisted reproduction, bioethics and the status rights of the individual. It is generally considered an alternative, extreme way to treat infertility, but it raises a number of moral, ethical and legal issues. Solutions are approached by individual states on individual bases, in the context of cultural, historical and religious values and traditions professed by their societies. This work deals with the comparison of individual national views on surrogacy, which are reflected in the legislation. It compares the German, French and Spanish regulations, as a representative sample of restrictive approaches and the British and Ukrainian regulations, which in turn reflect the supportive attitude toward surrogate motherhood. The dynamic development experienced by the legislation on surrogacy in Portugal is highly interesting. The ruling of the Portuguese Constitutional Court provides valuable insight into the current thinking of the democratic rule of law on surrogacy and its adjustment to meet the standard of human rights protection. The work also describes the dangers posed by cross-border surrogacy using relevant case law, especially with regard to the protection of the best interests of the surrogate child. It...
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Surrogate motherhood in European countries
Hovorková, Jana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Surrogacy is a contemporary and highly controversial social issue. It is closely linked to assisted reproduction, bioethics and the status rights of the individual. It is generally considered an alternative, extreme way to treat infertility, but it raises a number of moral, ethical and legal issues. Solutions are approached by individual states on individual bases, in the context of cultural, historical and religious values and traditions professed by their societies. This work deals with the comparison of individual national views on surrogacy, which are reflected in the legislation. It compares the German, French and Spanish regulations, as a representative sample of restrictive approaches and the British and Ukrainian regulations, which in turn reflect the supportive attitude toward surrogate motherhood. The dynamic development experienced by the legislation on surrogacy in Portugal is highly interesting. The ruling of the Portuguese Constitutional Court provides valuable insight into the current thinking of the democratic rule of law on surrogacy and its adjustment to meet the standard of human rights protection. The work also describes the dangers posed by cross-border surrogacy using relevant case law, especially with regard to the protection of the best interests of the surrogate child. It...
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Surrogate motherhood de lege ferenda
Kopková, Kateřina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Name of the thesis Surrogate motherhood de lege ferenda Abstract The thesis deals with the issues surrounding surrogate motherhood. With the first chapter outlining the terms connected with the topic and describing the possible ways parents can find a surrogate mother. The second chapter explores the methods of artificial insemination. The third chapter analyses current legal regulation of surrogate motherhood in the Czech Republic. Including the evaluation of mater sempter certa est principle and section § 804 of Civil Code, the only section, which explicitly mentions surrogate motherhood. The chapter further explores surrogacy contracts and the decision number I. US 3226/16 of the Constitutional Court of the Czech Republic, with an analysis of supporting and opposing arguments with regards to the decision. Chapter four looks into the foreign laws surrounding surrogacy. It reviews not only the variety of state regulation, where surrogacy is legal and accepted, such that of the United States, Ukraine and India, but also regulation that prohibits surrogacy, such as Germany. The topic of surrogacy tourism and the legal uncertainty which this causes is also examined. For instance, the citizenship issues that may arise for a newborn child. Chapter five recounts the opinion of the European Court of Human Rights...
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