Legal position of an agency intermediating surrogacy in the Czech republic

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Švestková, Renata

Konečná, Hana

Svatoš, Roman

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Ústav státu a práva AV ČR

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The interest in surrogate motherhood is increasing by a geometrical progression. In some countries there are agencies which offer the applicants for the surrogacy both services and looking for the surrogate mothers and their “matching” with the applicants. This article is focused on the possibility of setting up such an intermediating agency in the Czech Republic. The described possibilities are based on the current legislation. Our thought experiment has shown that in spite of the Czech legislation insisting on the donation of body parts as a purely altruistic act, and in spite of the Czech legislation refusing and strictly punishing human trafficking, it is even now possible (with courage and calculation) to operate an agency intermediating surrogate motherhood.

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