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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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Surrogacy in the Czech Republic - the responsibility and competence of midwives and doctors
Rybníčková, Karolína ; Kopsa Těšinová, Jolana (advisor) ; Špeciánová, Šárka (referee)
This Bachelor thesis is about surrogacy and consists of theoretical and practical part. The theoretical part is focused on the topic of infertility and assisted reproduction, mainly by the issue of assisted reprodution in surrogacy. It is also focused on legislation of surrogacy and assisted reproduction, the ethical part of surrogacy and on questions that arise for de lege ferenda debates. The main aim of this thesis is to sum up knowledge about surrogacy into well-arranged chapters and by that to raise the awarness about surrogacy in professional but also wider public. The next aim is to find out the knowledge and attitude of midwives from labour rooms, from the department of puerperium and the department of physiological newborns and to make few reflections about the attitude of the staff to surrogacy. One of the last aims of this thesis is to suggest a manual for care procedure about surrogate mother, the infertile couple and the baby. For the practical part of the Bachelor thesis was used a questionnaire and was performed since 1st of February 2022 until 31st of March 2022 towards the whole Czech republic. The target group were midwives from labour rooms, from the department of puerperium and miwives/child nurses from the deparment of physiological newborns. The questionnaire was sent to the...
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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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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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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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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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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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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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