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Determination of motherhood
Dorážková, Zuzana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
182 Determination of motherhood Abstract The topic of this thesis is the determination of motherhood. Its aim is to identify the situ- ations that make the determination of motherhood difficult or impossible and to evaluate their legal regulation or to propose its supplementation. The thesis is divided into eight chapters, with the first chapter being devoted to the definition of the term motherhood and its history, current legislation and origins. The second chapter focuses on assisted reproduction. It describes its basic principles, his- torical development, current legislation and possible risks. Chapter three, focusing on surro- gacy, is also related to assisted reproduction. This chapter draws attention to the lack of legal regulation in this area and, after an assessment of the possible consequences of its absence, a de lege ferenda draft of the basis for legal regulation is drawn up. The highly controversial option of whole-body donation is also mentioned here. The fourth chapter briefly describes the legal regulation of adoption, as one of the possi- bilities of how a child can legally have a woman different from the one who gave birth to him or her on the birth certificate. The thesis here also alludes to the possibility of adopting a child by a person in a registered partnership and enabling it by...
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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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Opinions of the 40+ generation on surrogate motherhood
CHLASTÁKOVÁ, Anna
This bachelor thesis deals with surrogacy. My work focuses specifically on the very concept of surrogacy, the types of surrogacy, the surrogate mother and the process of adopting a child, including the very beginning of the whole process, and thus assisted reproduction.The purpose of this thesis was to map the opinions of the 40+ generation. The work is divided into two parts, the theoretical part and the practical part. The theoretical part deals with general concepts that relate to surrogate motherhood, ie the forms of surrogate motherhood, the surrogate mother, the surrogate contract, legislation and adoption, but also assisted reproduction. An equally important theoretical part is the chapter devoted to the ethics of surrogacy and the psychological aspects associated with this topic. In the practical part, a quantitative research was conducted, the goal of which was to find out the views and awareness of surrogacy, including the attitudes of respondents to this issue. To create the practical part of this thesis I used the strategy of quantitative research, a method of questioning with the technique of my own questionnaire. In the practical part, two research hypotheses were selected. The research data has been written down and later evaluated in the SPSS program. The results of the research show that women are more in favor of surrogacy than men. Men, unlike women, think that it is a form of human trafficking. They also can't imagine a friend or acquaintance as a surrogate mother. Women think that the main motivation for a woman to become a surrogate mother is to help another couple, but the men's opinion is that the motivation to become a surrogate mother stems from a woman's unpleasant life situation. Mapping the opinions on this issue shows the sensitivity of this topic, but it is still necessary to address this issue.
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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 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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Reflection of the right to know one's own origin in the Czech legal order (critical study)
Morongová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Abstract, Keywords The thesis concerns itself with the analysis of Czech legislation currently in effect with respect to the right to know one's origin. Discussed are the contents of this right, the legislation's addressees, Article 7 of the Convention on the Rights of the Child including the reservations to it made by the Czech Republic. The affected Czech regulations and their reforms are also talked about. Attention is also given to the issue of determining one's parentage. The bulk of the thesis is made up of analyzing the issues of assisted reproduction, surrogacy, adoption, anonymized and confidential childbirths, and baby boxes in regard to protecting the right to know one's origin. The thesis aims to critically evaluate current legislation, point out its shortcomings and suggest possible future development as the right to know one's origin isn't currently being given enough attention. Some of the aforementioned institutes aren't set out in law at all, others give preference to the anonymity of the child's biological parents. Adoption has recently seen some positive development with the recodification of the civil law, however even this is an area that leaves a lot to be desired as there still are certain faults and deficiencies of the legislation. Keywords: Right to know one's origin, assisted...
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Surrogate Motherhood - Comparison of the Legislation in the Czech Republic and the Federal Republic of Germany
Kratochvílová, Johana ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The main subject of this master thesis is the issue of surrogacy in the Czech Republic and the Federal Republic of Germany. At the beginning, this thesis aspires to define the term surrogacy in general as well as other connected terminology, and subsequently to specify its categories and describe its major historic milestones. Afterwards, it deals with the rather brief Czech legislation concerning this institute and the consequences this has inevitably led to. It also concentrates on the methods of the assisted reproduction which help to put the surrogate motherhood into practice. This thesis does include ethical problems of surrogacy and some of the psychological and sociological aspects as well. Consequently, it summarizes sanctions which may arose as a result of surrogacy. After that, it explains the legislation related to this issue in the Federal Republic of Germany, its history and legal limits. It deals with the German sanctions which the realization as well as mere arrangement may be subjected to. It examines the standpoint of the German legislator regarding the right of a child to know his or her origin including its consequences, such as non-anonymous sperm donation and obligation of the legal parents to undergo a DNA test. It describes most recent demands of the society regarding the new...
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Determination of parenthood in the light of the current status of reproductive medicine
Mervartová, Michaela ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of the diploma thesis is the determination of parenthood in the light of the current status of reproductive medicine. The importance of reproductive medicine is increasing in contemporary society in connection with the growing number of people suffering from infertility. Many infertile couples who have undergone reproductive medicine treatment have become parents through these methods. The question of legal parenthood in connection with the issue of assisted reproduction is the core part of the diploma thesis. The diploma thesis aims to perform a legal analysis of the determination of parenthood to a child born through assisted conception, to point out possible shortcomings in legal regulation and to recommend legislative amendments from the perspective of de lege ferenda. The first chapter explores effective legal regulation of maternity and paternity determination, defining the fundamental kinds of parenthood, because biological, genetic, social and legal parenthood should not be confused. The second chapter deals with assisted reproduction, which specifically manipulates human gametes. Attention is drawn to international and national legal regulation, including the question of legal parenthood of a child that has been conceived in this way. The next part of the thesis deals with...
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Womb for rent as a new reproductive technology in the Czech Republic
Kozlovská, Tereza ; Hrešanová, Ema (advisor) ; Samec, Tomáš (referee)
This bachelor thesis deals with the practice of surrogate motherhood in the Czech Republic, often labelled as "a womb renting". The aim of the thesis is to get a more in-depth insight into the given issue and to find out whether and how surrogate motherhood is practiced in our country due to the lack of research on this issue in the Czech context. The thesis is divided into four parts and the theoretical part introduces the theory of new reproductive technologies and related key concepts from the anthropology of kinship and human reproduction. The methodological part is a description of research, methods used and data collection. The research included an analysis of online discussions and interviews with seven informants that were conducted by various methods relative to the subject's sensitivity. The analytical part is divided into five parts that reflect the key parts of the process of surrogate motherhood, namely naming, searching, medical procedures, relationships and finance. The research shows the importance of reproductive history of surrogate mothers, which influences the process of the substitute motherhood from the very beginning. The experience of informants takes place mainly at health facilities in Brno, Prague or Zlín, others are not much talked about. In Czech context, an acceptable...
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The child trafficking issues
MAŘÍKOVÁ, Miroslava
Child trafficking is one of the forms of commercial sexual abuse of children which affects children of all ages. As a major issue, I see child labor, sexual abuse, child prostitution and pornography. The children's trafficking is the most widespread in Africa, but it can also be found in the Czech Republic. These issues are very well hidden and often involving customs officers, doctors or truck drivers. Child trafficking is one of the most profitable types of international crimes. Child trafficking is also done by parents themselves, who, in desperation, circumvent the adoption process and are looking for a way to get a child. The bachelor thesis is divided into two parts. The theoretical part deals with the basic global characteristics of child trafficking and its various causes and reasons of these trafficking. I also describe the various serious issues which are associated child trafficking You can find here also a few organizations which deal with and fight against child trafficking. The theoretical part ends with surrogate motherhood, which is becoming more widespread. The second part of my thesis is a practical part. I have developed this part in qualitative research. It includes a semi-structured interview with five children. Communication partners were used from the sports section. After a theoretical description of the selected strategy, methodology and technique, the sampling description and the research itself are followed. The main objective is to map children's perceptions of Internet risks. The research question focuses on the perception of children and the risks associated with social networks. The work should lead to the provision of understandable information on child trafficking and especially its consequences. The bachelor thesis could help the society to better orient itself in the global issue of child trafficking. The work can also be used as prevention in framework commercial sexual abuse of children for parents.
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