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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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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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Gender analysis of the Department of Gynecology and Obstetrics in selected episodes of the TV series The Surgery in the Rose Garden 2
Mašková, Martina ; Dvořáčková, Jana (advisor) ; Jiroutová Kynčlová, Tereza (referee)
The thesis "Gender analysis of the Department of Gynecology and Obstetrics in selected episodes of the TV series The Surgery in the Rose Garden 2" introduces readers to problematic passages seen from a gender perspective in episodes 633 to 666 of the soap opera The Surgery in the Rose Garden 2. Research has found that doctors treat female nurses, female doctors and often female patients in a paternalistic manner (the exception are friends, such as a neighbour). The counterpart to the angry and conservative doctor Čestmír Mázl, who is stereotypically masculine (authoritative, aggressive), is the Ugandan doctor Aisha Nakabugo Kingi, who is stereotypically feminine (sensitive, empathetic). She is also progressive and is liked by patients and colleagues in the hospital. Her different ethnicity is a problem for Mázl and two other characters, but doctor Kingi disproves the racist stereotypes with her behavior and eventually befriends Mázl. Both surrogacy and home birth are presented as problematic ventures that are not recommended because they can turn out badly; in the soap opera, they only turn out well because of luck.
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Surrogacy in a gay couple
DVOŘÁČKOVÁ, Kateřina
The thesis deals with the process of surrogacy in a homosexual couple and colnsultation when two homosexuals have a child. The text is structured into four chapters. The first chapter describes parenthood and what possibilities a homosexual couple has in this area, the second chapter professionally presents assisted reproduction, the third chapter deals in detail with the whole process of surrogacy in a homosexual couple. The last chapter is dedicated with colnsultation at a homosexual couple with children, and other problems that a couple may encounter.
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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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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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Determination of parenthood
Adámková, Olga ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood Determination of parenthood is very actual topic due to the constant changes of the traditional understanding of the family and family relationships. It is primarily the development of modern medical science, biology or genetics that has brought new concepts into the issue of determination of parenthood. For example surrogacy, assisted reproduction or baby boxes. The legislation must responds to these changes in order to stabilized family relationships and to ensure their protection. The aim of this thesis is to describe and to analyze Czech legal regulation of determination of parenthood and to compare it with not only European but also global legislation. The analyse of valid legal regulation highlights questionable passages that may cause difficulties in its interpretation or practical application. The thesis is composed of nine chapters, each of them dealing with different aspects of determination of parenthood. Opening chapter introduces the historical development of relationships between parents and children in Roman and European law. It focuses on legal standards applicable in our country during the period of time from the establishment of the Czechoslovak Republic to the present times. Chapter Three is devoted to determination of maternity. It focuses on concealed birth,...
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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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Parenthood as the legal problem
Hanuš, Daniel ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The aim of the thesis is to define content of various aspects of parenthood as they are currently perceived and treated in the legal order of the Czech Republic. The theme is reflected in the work with regard to its historical legal developments, including the reflection of the current Czech legislation. Mentioned is also legislation in terms of international law. It often represents the direction of Czech legislation. The main idea of the domestic legislation parenthood child's interest and the protection of basic human rights. The child is seen as a specific body of legal rules with all its peculiarities and increased need for legal protection with regard to their position in society. For contemporary society, which is child-centered, that is child-centered, are issues related to the rights of the child and his relevant status and position is important to be dealt with in relation to the child as possible and thoroughly as possible. The first part is devoted to the historical and legal aspects that are associated with parenthood issues. They discussed the basic concepts, such as a child, parenthood and family. Basic contents and meanings of these terms are viewed with regard to their interdisciplinary overlap. The core of the work, which is the most attention is the issue of motherhood. This...
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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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