This master thesis deals with the issue of legislation of surrogacy. Development in the area of reproductive medicine as the first "test tube baby" in 1978 and following medical progress has inevitably brought development expansion of this institute. This institute, although that it brings with itself many ethical, social and legal questions, is not legally regulated in the Czech Republic (except one provision, Art. 804 of the Civil Code). Therefore, this master thesis tries to provide a proposal of legislation which might be adopted in the Czech Republic, using primarily analytical and comparative methods. After the surrogacy is explained and forms and models of it are described, the international framework is clarified. Although many states realize actuality of this topic, there has not been any international legislation adopted that would regulate e.g. surrogate tourism, until this day. However, there is a certain guideline, namely the interest of a child, as the European Court of Human Rights judged. State's legislations range on the scale from criminalization (France) to legalization of its commercial form (Ukraine). After evaluation of legislation of some states whose regulations show real functioning of models of surrogacy, it is clear that the United Kingdom of Great Britain and Northern...

Over the past two decades, India has become an international hub of cross-border surrogacy. The extreme economic and cultural differences between international couples seeking surrogacy and the surrogates themselves, clinics compromising health of surrogates for profit, the stigmatisation of surrogacy in India, and the constant surveillance of these women living in a ‘surrogate house’, have raised concerns regarding the potentially negative psychological impact of surrogacy on Indian surrogates. The primary aims of the thesis were (i) to conduct a longitudinal assessment of surrogates’ psychological problems (anxiety, depression and stress) from pregnancy until several months after relinquishing the baby to the intended parents, (ii) to examine the nature of the bond formed between surrogates and the unborn baby and establish whether this prenatal bond contributes to their psychological problems, and (iii) to explore the experiences of surrogates during and post-surrogacy. Fifty surrogates were compared with a matched group of 69 expectant mothers during pregnancy. Of these, 45 surrogates and 49 compairson group of mothers were followed up 4-6 months after the birth. All surrogates were hosting pregnancies for international intended parents and had at least one child of their own. Data were obtained using standardised questionnaires and in-depth interviews and were analysed using quantitative and qualitative methods. Indian surrogates were found to be more depressed than the comparison group of mothers, both during pregnancy and after the birth. However, giving up the newborn did not appear to add to surrogates’ levels of depression. There were no differences between the surrogates and the expectant mothers in anxiety or stress during either phase of the study. The examination of risk factors for psychological problems among the surrogates showed that anticipation of stigma, experiences of social humiliation and receiving insufficient support during pregnancy were associated with higher levels of depression following the birth. With respect to bonding with the unborn child, surrogates experienced lower levels of emotional bonding (e.g. they interacted less, and wondered less about, the foetus), but exhibited higher levels of instrumental bonding (e.g. they adopted better eating habits and avoided unhealthy practices during pregnancy), than women who were carrying their own babies. Contrary to concerns, greater bonding with the unborn child was not associated with increased psychological problems post-relinquishment. All surrogates were able to give up the child. Meeting the intended parents after the birth positively contributed towards surrogates’ satisfaction with relinquishment whereas meeting the baby did not. The qualitative findings on surrogates’ experiences showed that the majority lacked basic medical information regarding surrogacy pregnancy; hid surrogacy from most people; felt positive and supported at the surrogate house; lived in uncertainty regarding whether or not they would be allowed to meet the intended parents and the baby; and did not actually get to meet them. These findings have important implications for policy and practice on surrogacy in the Global South.

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...

The primary theme of the thesis is "paternity determination", an interesting part of private law. The goal of the thesis was to find juridical legislation that could be applied by legal institutions in the Czech Republic, and have been neither legally controlled nor properly spoken through. Also the thesis deals with surrogate motherhood institutes, same-sex parenthood, baby hatches and paternity determination of children, made by assisted reproduction. The thesis is divided into five chapters, which are divided further into sub-chapters. Following the introduction, the primary terms of parental difficulties, paternity determination and the term family are explored. The second chapter discusses motherhood institutes. It speaks primarily of surrogate motherhood's challenges, including other countries' attitude to this topic. The following chapter is about fatherhood determination, containing the juridical legislative analysis of the problem in the Czech law. The fourth chapter expands on the issues of same sex couple parenthood, and the forms of family coexistence. These issues are described in great detail from both the view of Czech law, and also as a global issue. The last chapter discusses the issues of baby hatches, and legislation regarding anonymity for those who utilize them in the Czech...

The thesis focuses on the adoption possibilities for same-sex couples. The main aim is to investigate and assess which opinion is prevailing in our society. Each term related to same-sex partnerships or marriages is defined in particular theoretical parts. The subsequent chapter deals with homosexuality and family. In the empirical part, the data collected in the quantitatve survey have been analysed and interpreted. The survey has been conducted through questionnaires designated for general public as well as homosexuals.

The aim of this thesis is to examine how discourses on parenthood are articulated and negotiated by social workers in Sweden, in relation to handling legal parenthood after transnational surrogacy. The study is based on interviews with eight different social workers from different parts of Sweden. To interpret the material from the interviews, I use discourse theoretical framework – combined with an understanding of the social workers as street-level bureaucrats. Other particular theoretical perspectives that have been important in my research include theories on kinship, concepts of bodily and genetic citizenship and neo-liberal discourse. My study shows that different perceptions of certain key concepts (such as social-, bodily- or genetic family ties) underpin the discourses of parenthood, depending on context. In my research I have found that the process of deciding who is the legal parent of a child born through surrogacy, challenge the presumption of motherhood, and instead the genetic and intended father remains the certain parent of the child.

Submitted by Silvana Teresinha Dornelles Studzinski (sstudzinski) on 2015-05-25T11:56:33Z No. of bitstreams: 1 ElianedeMello.pdf: 968346 bytes, checksum: 901b6d698e62be9089fe8a8c748bd27e (MD5) / Made available in DSpace on 2015-05-25T11:56:33Z (GMT). No. of bitstreams: 1 ElianedeMello.pdf: 968346 bytes, checksum: 901b6d698e62be9089fe8a8c748bd27e (MD5) Previous issue date: 2011-08-24 / Nenhuma / O financiamento por meio dos fornecedores é um assunto que tem sido pouco estudado em nível nacional. No entanto, na literatura internacional, várias hipóteses têm sido propostas para explicar as diferentes razões que levam a esse fenômeno, chamado crédito comercial, que não parece ser baseado em uma teoria geral. As organizações justificam o fornecimento de crédito comercial pressupondo que, na ausência de tais financiamentos, os clientes que não têm acesso ao crédito das instituições financeiras não possam adquirir seus produtos. A importância do crédito é elevada, e as empresas que atuam como intermediários financeiros desempenham um papel fundamental como substitutos do banco, concedendo crédito comercial para as companhias com restrições ao crédito bancário. Diante desses fatos, o objetivo do presente estudo é examinar se o crédito comercial facilita o acesso ao crédito bancário ou é seu substituto. Utilizando dados em painel de 322 empresas brasileiras de capital aberto, no período de 2000-2009, os resultados confirmam a hipótese da substituição. Ainda, quando testada apenas nas companhias com o patrimônio líquido positivo, a hipótese da substituição é aceita somente nas empresas mais jovens e com maior proporção de ativos. Os resultados empíricos admitem também que, apesar de as companhias mais velhas terem supostamente maior capacidade de endividamento, elas estão preferindo financiar-se via recursos gerados internamente. Observou-se, ainda, que a idade é altamente significante nas empresas menores. / Financing by suppliers is a subject that has been scarcely studied at the national level. However, in the international literature, several hypotheses have been proposed to explain the different reasons that have led to this phenomenon, called trade credit, which does not seem to be based on a general theory. Organizations have justified the offer of trade credit assuming that, in case of absence of such financing, customers that do not have access to credit from financial institutions could not buy their products. Credit is something very important, and companies that function as financial intermediates play a fundamental role as bank surrogates by offering trade credit to companies that have restrictions in terms of bank credit. Considering all this, the present study aims at examining whether the trade credit facilities the access to bank credit and or it is its surrogate. Considering data from a panel of 322 Brazilian public companies in the period from 2000 to 2009, the results have confirmed the hypothesis of surrogacy. In addition, when tested only in companies with positive net equity, the hypothesis of surrogacy is accepted for younger companies with more assets. The empirical results have also made it possible to admit that, despite older companies having greater debt capacity, they prefer finance themselves through internally generated resources. Besides that, age is highly significant in smaller companies.

Planned parenthood within the lesbian and gay communities attracts considerable attention internationally among researchers, the media, and law and policy-makers. This Australian study situates the phenomenon�also known as the �gayby boom��within the contemporary Australian socio-legal setting and the more international historical and political contexts of Gay and Women�s Liberation. It investigates how beliefs about nature, kinship, the sexed and reproductive body and political ideologies of family intersect in lesbians and gay men�s decision-making and stories of living their lives as parents. Two fields of intellectual enquiry are generative: the interest in families of choice and family practices within sociology and the post-modern anthropological critique of Western kinship in the era of assisted reproduction. This is a qualitative study informed by a critical humanist approach. It is based on in-depth and key informant interviews conducted with 20 lesbians and 15 gay men (parents, �donor/dads� and prospective parents) as well as 7 people engaged in legal, health or therapeutic support to prospective and current parents. Also incorporated into the analysis are a range of other primary sources, including a substantial media debate, submissions to an assisted reproduction law reform process and primary documents supplied by participants such as parenting agreements and letters. The study argues for the need to look beyond unitary concepts such as families of choice when theorising lesbian and gay parenthood. It is important to consider the historical, political and biographical conditions that make some notions of relatedness and decisions about having children seem more feasible, and indeed, natural than others. It explores how various notions of biological relatedness remain important in the formation of parent/child relationships, and the extent to which lesbians and gay men rely on strategic appeals to choice and biology in enacting families. Continuing constraints on who is eligible for clinically assisted reproductive technology in Australia lead to imaginative and harmonious, yet also fraught reproductive relationships.

Twentieth-century American literature is filled with new images of motherhood. Long gone is the idealism of motherhood that flourished during the eighteenth and nineteenth centuries in life and in writing. Long gone are the mother help books and guides on training mothers. The twentieth-century fiction writer ushers in new examples of motherhood described in novels that critique the bad mother and turn a critical eye towards the role of women and motherhood. This study examines the trauma surrounding twentieth-century motherhood and surrogacy; in particular, how abandonment, rape, incest, and negation often results in surrogacy; and how selected authors create characters who as mothers fail to protect their children, particularly their daughters. This study explores whether the failure is a result of social-economic or physiological circumstances that make mothering and motherlove impossible or a rejection of the ideal mother seldom realized by contemporary women, or whether the novelists have rewritten the notion of the mother’s help books by their fragmented representations of motherhood. Has motherhood become a rejection of self-potential? The study will critique mother-daughter relationships in four late twentieth-century American novels in their complex presentations of motherhood and surrogacy: Toni Morrison’s The Bluest Eye (1970), Kaye Gibbons’s Ellen Foster (1990), Dorothy Allison’s Bastard Out of Carolina (1992) and Sapphire’s Push (1997). Appropriated terminology from other disciplines illustrates the prevalence of surrogacy and protection in the subject novels. The use of surrogate will refer to those who come forward to provide the role of mothering and protection.

Planned parenthood within the lesbian and gay communities attracts considerable attention internationally among researchers, the media, and law and policy-makers. This Australian study situates the phenomenon�also known as the �gayby boom��within the contemporary Australian socio-legal setting and the more international historical and political contexts of Gay and Women�s Liberation. It investigates how beliefs about nature, kinship, the sexed and reproductive body and political ideologies of family intersect in lesbians and gay men�s decision-making and stories of living their lives as parents. Two fields of intellectual enquiry are generative: the interest in families of choice and family practices within sociology and the post-modern anthropological critique of Western kinship in the era of assisted reproduction. This is a qualitative study informed by a critical humanist approach. It is based on in-depth and key informant interviews conducted with 20 lesbians and 15 gay men (parents, �donor/dads� and prospective parents) as well as 7 people engaged in legal, health or therapeutic support to prospective and current parents. Also incorporated into the analysis are a range of other primary sources, including a substantial media debate, submissions to an assisted reproduction law reform process and primary documents supplied by participants such as parenting agreements and letters. The study argues for the need to look beyond unitary concepts such as families of choice when theorising lesbian and gay parenthood. It is important to consider the historical, political and biographical conditions that make some notions of relatedness and decisions about having children seem more feasible, and indeed, natural than others. It explores how various notions of biological relatedness remain important in the formation of parent/child relationships, and the extent to which lesbians and gay men rely on strategic appeals to choice and biology in enacting families. Continuing constraints on who is eligible for clinically assisted reproductive technology in Australia lead to imaginative and harmonious, yet also fraught reproductive relationships.