The Relationship and Differences Between Surrogacy and Adoption in the Czech Republic

Abstract

Surrogacy is a phenomenon that is receiving increasing attention all around Europe (but not limited to it). Some countries have already managed to incorporate it into their legal systems through explicit regulations or bans of such practice, whereas others remain reluctant about it. This unique mechanism of establishing a family has an interesting bond with another mechanism for family establishment – adoption. Although one may believe the difference between the two is clear as adoption has always been described as ‘accepting a foreign natural person as one’s own’, in reality, it is somewhat complicated, particularly in a country, whose legal regulations almost pretend that surrogacy does not relate to it. This study aims to analyse the two institutions, their differences, and the relationship between them. The key question is ‘Is there any difference, and if so what is the difference, between surrogacy and adoption of a minor child right after it has been born?’ This question entails other interesting questions, such as ‘Who can be a surrogate?’ or ‘Can she be already pregnant at the time she agrees to be one?’ Considering surrogacy is being broadly understood as based on a type of contract between the intended parent(s) and the surrogate, what characteristics should the surrogate have with respect to the close connection with adoption? Can she be already pregnant? All those questions are analysed primarily with respect to the Czech Republic and its blurred approach to surrogacy and missing special legislation. However, other countries and their approach to surrogacy are mentioned as well to provide additional context.