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Surrogacy: key issues of legal regulation
Bauerová, Michaela ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Surrogacy: key issues of legal regulation Abstract This thesis outlines the phenomenon of surrogate motherhood through the prism of applicable law, while analysing the current situation of absenting legal regulation in Czech Republic and comparing various foreign legal regulations as appropriate or less appropriate models to inspire future Czech legislation. The aim of this thesis was to comprehensively introduce the institute of surrogacy as a unique method of assisted reproduction, which, however, brings many risks and challenges in terms of its regulation. The first part of the thesis deals with the terminology, which is used throughout the entire document and contributes to a better understanding of this phenomenon. Additionally, in this part the attention is given to a brief historical evolution of surrogacy resulting in his current form as a modern method of assisted reproduction. The second part is dedicated to comparison of various foreign legislations, namely the liberal legislation in California, the permissive legislation in Ukraine, the altruistic legislation in United Kingdom and the hostile legislation in France are examined. Furthermore, a particular attention is paid to the jurisprudence of the European Court of Human Rights and finally to the current situation of missing regulation in Czech...
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Problems of surrogacy
Tilšer, Linda ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Problems of surrogacy Abstract The diploma thesis is about problems that may arise during the surrogacy. It deals with the legal regulations of selected institutes in Czech legal system and analyzes the legal regulations of surrogacy in foreign states. In the first part, the author explains the basic concepts such as mother and motherhood, father and fatherhood, parenthood, child and childbirth. In this part, the author also discusses the concept of these terms according to Czech law and the Civil Code and according to other aspects. The second part analyzes the terms specific to surrogacy, which in Czech law usually do not have their own definitions. The third part of the diploma thesis describes historical development of surrogacy from biblical times to modern history. The fourth part of this diploma thesis deals with considerations on surrogacy, with the basic concept of surrogacy agreement and in the definition of surrogacy agreement the author works with Czech law regulation and compares it with the regulations of surrogacy agreements of other foreign states. This part also discusses the concept of assisted reproduction, which is an important part of the whole process of surrogacy. Fifth part of the diploma thesis, in the first chapter discusses de lege ferenda considerations i.e. this chapter...
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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 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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