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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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Same-sex parenting matters
Šádková, Kateřina ; Nová, Monika (advisor) ; Ondrušová, Jiřina (referee)
The thesis focuses on the adoption possibilities for same-sex couples. The main aim is to investigate and assess which opinion is prevailing in our society. Each term related to same-sex partnerships or marriages is defined in particular theoretical parts. The subsequent chapter deals with homosexuality and family. In the empirical part, the data collected in the quantitatve survey have been analysed and interpreted. The survey has been conducted through questionnaires designated for general public as well as homosexuals.
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Bioethics V - Surrogacy - specifics of individual areas
Machová, Drahoslava ; Kudláčková, Zděnka (advisor) ; Jílek, Petr (referee)
Charles University in Prague Faculty of Pharmacy in Hradec Kralove Department of biological and medical sciences Drahoslava Machová Supervisor: PhDr. Zdeňka Kudláčková, Ph.D. Title of diploma tehesis: Bioethics V - Surrogate motherhood - the specifics of individual areas Background: Creating a basic overview of bioethics and its principles. Handle the issue of surrogate motherhood Institute. Main findings: In this thesis we dealt with issues of bioethics, bioethical principles and in particular the issue of surrogacy. Above all, we focused on fundamentals of bioethics, its principles and interconnection with the law. Furthermore, we describe surrogacy institute, its history and progress. Another part is devoted to the current legislation, Surrogacy in the Czech Republic and comparison with the legislation in selected countries around the world. The thesis also includes recommendations of medical ethics in the process of surrogacy. In conclusion, we have focused on the risks that may occur. Conclusions: Use of surrogate motherhood is one of the few ways infertile couple may obtain offspring. Undoubtedly it is a problem that needs to be continued to explore and modify. It is also necessary to pay great attention to the ethical, legal and psychological aspects that are associated with this institute....
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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 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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Determination of parenthood
Hrušáková, Alexandra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood - Alexandra Hrušáková Abstract In my thesis "Determination of Parenthood", I focused on the largest area of family law. Everyone's life is influenced by his family the whole life. And there are many consequences connected to the relation between a child and his parents. My topic responds lively to the changes brought by current scientific and technical progress and dynamic development and metamorphoses in our society. I tried to describe it in a complex way, but in order to put accent on the most important segments of this problem. From the times of ancient Rome there exists the principle "mater semper certa est, pater incertus", which means that the identity of the mother is always certain, but the father isn't. However there exist some situations in which the principle could not be so clear. These situations created objective of this thesis. This thesis is divided into ten chapters. In every single chapter I wasn't only working with Czech law, but I also attempted to compare it to legislation of another countries The first chapter called Parenthood and Child is dealing with the theoretical definition of the components of a relation among parents and children and the rights and obligations rising from this relation. The next chapter presents The Right of the child to know his or...
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Surrogare maternity
Masaříková, Andrea ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Surrogate maternity ABSTRACT This graduation theses deals with surrogacy, which is really an actual and discussed issue at the present time. The thesis is divided into three main chapters, the first one is devoted to assisted reproduction, the second one belongs to surrogacy, the third chapter deals with determining parentage of artificial insemination. The first part considering assisted reproduction contains a short analysis of this issue from the medical and juridical point of view and also shows an overview of interfility causes and their therapies. The second chapter shows legal regulations of surrogacy abroad that could be seen as an inspiration for both, the current and future legislation of the Czech Republic. This chapter also pays attention to particular law institutes that temporarily adjust this subject-matter, especially the contracts between surrogate mother and requesting couple, adoptions by surrogate mother and is briefly focused on criminal legislation. A view at the change of legislation in connection with acceptance of new civil code is part of this chapter as well. The third and the last chapter is devoted to determination of parenthood. As regards the paternity, there are three basic hypothesis accepted, that are however modificated by the legislation of asisted reproduction in some...
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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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