Publication details

(Ne)flexibilita právní regulace aneb nejen otec, ale také matka může být nejistá

Title in English (Non-)flexibility of legal regulation or not only the father, but also the mother can be uncertain

VALC Jakub

Year of publication 2017
Type Appeared in Conference without Proceedings
Description This paper deals in the theoretical perspective with the issue of surrogacy, which can be considered as a demonstration of reality that law, respectively the legislature, is unable to adequately reflect the reality of social and scientific development. Indeed the act of conceiving a child is not only natural process, because the biomedicine allows, that we can use assisted reproduction techniques, through which enters into reproduction process another persons, respectively potential parents of the child. This leads automatically to a distortion of existing legal concept and doctrine of determining parenthood, which are based on the traditional approach, which favors only the act of child's birth. The aim of this paper will be to show the necessity that the issue of biomedical development must be by law not only adequately reflected, but also regulated. In relation to surrogate motherhood should the law primarily protects the interests of the child, which is in our opinion based not only on the respect of the child's genetic origin, but also on the stability of the exercise of the parental rights.

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