Cohabitation and Assisted Reproduction in the Czech Republic and in the European Context
KOTROUŠOVÁ, D. Cohabitation and Assisted Reproduction in the Czech Republic and in the European Context. Brno, 2021.
|Anglický název:||Cohabitation and Assisted Reproduction in the Czech Republic and in the European Context|
|Autoři:||Mgr. Bc. Denisa Kotroušová|
|Abstrakt EN:||Based on the judicial practice of the European Court of Human Rights, there is no doubt the family life may exist between two persons living in a stable relationship outside of marriage or any other formalised union. An inherent part of the family life of any couple, regardless of their marital status, is the question of having children. Unfortunately, not every couple can procreate naturally. Assisted reproductive technology (ART) may be one of the ways to help. Although it may seem easy in the first place, access to ART cannot be taken for granted when it comes to cohabitation - or at least not for all cohabitants and not in every European country. The following contribution describes the current legal position of cohabitants in terms of access to the ART, as well as the rights and duties (particularly to the child conceived via ART) arising from ART for them, especially under the Czech law. The first part is introductory and describes briefly the basic terms such as 'cohabitation', 'assisted reproduction? or 'infertile couple'. The second part focuses solely on the legal position of cohabitants concerning the Czech regulation of ART. This part analyses the issue from two closely connected points of view - the first one is whether or not the cohabitants form the infertile couple, and the second one is if the cohabitants are of the same or the opposite sex. The third part adds a broader international context while bringing a brief overview of the approach to this issue in Europe. Some European countries are examined in greater detail, in particular, if their approach differs from the Czech one. The conclusion summarizes the contribution and sets down few questions arisen from the Czech one and the other European approaches.|