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Problematical legal aspects of determination of parenthood
Vařeková, Adéla ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The Abstract The aim of my thesis is to find and describe the problematic aspects of the determination of parenthood. I chose four areas of the determination of parenthood, which can lead to various complications - assisted reproduction, surrogacy, secret childbirths and anonymous births. In the first chapter of the thesis I deal with the legal aspects of the determination of parenthood. I examine mandatory determination of maternity and various assumptions of paternity. With the development of relations in the society and of the reproductive medicine, there emerge possibilities doubting the traditional legal principles of the determination of parenthood. Mother is not always certain anymore and there are five presumptions of paternity in the Czech legal order nowadays, compared to the traditional three. The second chapter is devoted to the issue of assisted reproduction. Assisted reproduction is a modern and rapidly developing area of medicine that allows infertile couples to have their own child. It is a medical specialty that requires a broad legal framework to prevent its abuse. At the end of a successful medical procedure a new life is coming into existence and such area must be regulated. The third chapter, entitled Surrogacy, builds on the previous chapter. Surrogacy is often discussed area of...
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Sufficiency of legislation on determination of child's origin?
Dvořáková, Veronika ; Hendrychová, Michaela (advisor) ; Frinta, Ondřej (referee)
This rigorous thesis deals with the issue of determining parenthood in connection with the child's right to know their origin. The basic question addressed by the present work is whether the old Roman principle of mater semper cert est, pater semper incertus es is still valid at present whether the child is guaranteed the right to know his / her origin. The main idea of the whole work is that the child should always be guaranteed the opportunity to learn about his / her background. The first chapter of this paper presents a brief introduction to Roman law. On the principles and foundations of Roman law stands the continental system of law, which is still based on its principles by the legislator. One of the basic postulates of Roman law is the principle of mater semper in iure certa est, the meaning of which is defined in this chapter. The second chapter deals with the issue of children's rights, especially about the child's right to know their origin. The third chapter already provides a detailed analysis of the current legal regulation of parental determination. This chapter of the thesis is followed by other chapters dealing with individual selected legal institutes, which find intervention in the child's right to know their origins and where the possibility of determining who is the parents of...
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Sufficiency of legislation on determination of child's origin?
Dvořáková, Veronika ; Hendrychová, Michaela (advisor) ; Frinta, Ondřej (referee)
This rigorous thesis deals with the issue of determining parenthood in connection with the child's right to know their origin. The basic question addressed by the present work is whether the old Roman principle of mater semper cert est, pater semper incertus es is still valid at present whether the child is guaranteed the right to know his / her origin. The main idea of the whole work is that the child should always be guaranteed the opportunity to learn about his / her background. The first chapter of this paper presents a brief introduction to Roman law. On the principles and foundations of Roman law stands the continental system of law, which is still based on its principles by the legislator. One of the basic postulates of Roman law is the principle of mater semper in iure certa est, the meaning of which is defined in this chapter. The second chapter deals with the issue of children's rights, especially about the child's right to know their origin. The third chapter already provides a detailed analysis of the current legal regulation of parental determination. This chapter of the thesis is followed by other chapters dealing with individual selected legal institutes, which find intervention in the child's right to know their origins and where the possibility of determining who is the parents of...
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|
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Problematical legal aspects of determination of parenthood
Vařeková, Adéla ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The Abstract The aim of my thesis is to find and describe the problematic aspects of the determination of parenthood. I chose four areas of the determination of parenthood, which can lead to various complications - assisted reproduction, surrogacy, secret childbirths and anonymous births. In the first chapter of the thesis I deal with the legal aspects of the determination of parenthood. I examine mandatory determination of maternity and various assumptions of paternity. With the development of relations in the society and of the reproductive medicine, there emerge possibilities doubting the traditional legal principles of the determination of parenthood. Mother is not always certain anymore and there are five presumptions of paternity in the Czech legal order nowadays, compared to the traditional three. The second chapter is devoted to the issue of assisted reproduction. Assisted reproduction is a modern and rapidly developing area of medicine that allows infertile couples to have their own child. It is a medical specialty that requires a broad legal framework to prevent its abuse. At the end of a successful medical procedure a new life is coming into existence and such area must be regulated. The third chapter, entitled Surrogacy, builds on the previous chapter. Surrogacy is often discussed area of...
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