This study was influenced by the circumstances of children in need of care and protection. I conducted the study through a lens that takes the perspectives of “family life” seriously. Section 28(1)(b) of South Africa’s Constitution provides for the right to family care, parental care, or appropriate alternative care to a child who is removed from family life. This provision prioritises the nurturing and development of children in families. South Africa has a diversity of family models which provide family or parental care to children. Children also face various challenges and difficulties in the family environment, such as abuse, neglect, poverty, exploitation, and other traumatic experiences which make them more vulnerable and in need of care and protection. These circumstances are identified as grounds for mandatory intervention and often influence the decision by the children’s court to remove children. The study demonstrates how family care, parental care, or appropriate alternative care are provided in South Africa’s Children’s Act, enforced by the judiciary, and have evolved in practice. Unfortunately, the Children’s Act does not explicitly provide for families, family care and the responsibility of the state to assist families to enable them to function optimally. Government and stakeholders therefore lack guidance in their engagement with the family to address the plight of children in families or raise the quality of life of the family on a continuous basis. The social worker who conducts investigations into the circumstances of the child who is in need of care and protection, must facilitate the provision of prevention and early intervention services with a view to strengthening the family. Unfortunately, social workers sometimes abuse their powers by removing children without prioritising the support needed to keep them in families. Furthermore, the state’s assistance in supporting families may be challenging due to resource constraints, underspending on the state budget, and delay in the delivery of services. Before the children’s court decides to remove the child into alternative care it must, upon identifying a specific ground for mandatory alternative care intervention, conduct an investigation and hold an inquiry regarding the circumstances of the child. The parent and the child must have access to information and participate in the decision-making process. Once the decision to remove the child is reached, the children’s court can opt for different alternative care options. It is crucial to decide on alternative care of a nature and quality that resembles family life. Such care must enable the child and the parent to mutually enjoy each other’s company, as this is an essential element of family life. Thus, the state must put measures in place to ensure that the child establishes contact and has a continuous relationship with family members in view of possible reunification with the family. Alternative care must also provide permanency planning which must explore the option of reuniting the child with his or her family after removal, or adoption if reunification efforts fail. Although adoption is preferred upon failure of reunification efforts, it is challenged by policy and practice which, if not carefully considered, may impact on the right of the child to family life. South Africa has ratified the United Nations Convention on the Rights of the Child (CRC) and is bound to develop its policies in line with the CRC. It is an issue of concern as to whether the implementation of the Children’s Act goes far enough in meeting CRC standards or complying with the Constitution. Thus, the study is means of comparative research, which includes international standards and foreign jurisdictions, with the view of suggesting improvements for South African child legislation. Recommendations for the best possible options towards refining the Children’s Act are made. The proposed provisions could advance the reform of child and family services and thus make a difference in the lives of children in families. / Thesis (LLD)--University of Pretoria, 2012. / gm2013 / Private Law / unrestricted

[pt] A presente dissertação analisa como a conjunção de direitos à maternidade e à convivência familiar com filhas(os) se manifesta no cotidiano de famílias de mulheres-mães que tiveram a experiência da privação de liberdade e a vivência de forma alternativa ao encarceramento. Trata-se de uma pesquisa com abordagem qualitativa, a partir de entrevistas narrativas com duas mães que tiveram as experiências supracitadas. A análise das narrativas sobre as vivências dessas mulheres possibilitou ricas reflexões sobre um tema ainda pouco pesquisado.Dentre os resultados alcançados, constatou-se um forte sentimento de culpa por parte das mães pela impossibilidade de cuidarem de seus filhos. As angústias das mães, privadas de liberdade, são potencializadas pela ausência de notícias sobre osfilhos, onde estão, com quem estão e para onde vão. Além disso, observou-se que as medidas alternativas ao encarceramento foram muito benéficas às famílias das participantes, pois os cuidados e os vínculos familiares com seus filhos foram mantidos, evitando, novamente, serem presas e o rompimento do convívio. A pesquisa revelou que, diante do encarceramento de mães, a conjunção do direito à maternidade e à convivência familiar tem sido um grande desafio para a efetivação de direitos humanos e para as políticas públicas. Conclui-se, assim, ser necessário um maior investimento na articulação entre as instituições que compõem o Sistema de Justiça Criminal e o de Garantia de Direitos de Crianças e Adolescentes, com a finalidade de promover, efetivamente, a convivência familiar e comunitária, assim como o fortalecimento da função protetiva das famílias. / [en] This dissertation analyzes how the conjunction of rights to motherhood and Family life with children manifests itself in the daily lives of families of women-mothers who have had the experience of derivation of liberty and living in na alternative way to incarceration. This is research with qualitative approach, based on narrative interviews with mothers who had the afore mentioned experiences. The analysis of the narratives about the experiences of these women enabled rich reflections on a topic that is still little researched. Among the results achieved, there was a strong feeling of guilt on the part of mothers due to the inability to care fortheir children. The anxieties of mothers, deprived of their freedom, are heightenedby the lack of news about their children, where they are, who they are with andwhere they are going. Furthermore, it was observed that the alternative measures toincarceration were very beneficial to the participants` families, as care and familyties with their children were maintained, again avoiding being arrested and breakingup their relationship. The research revealed that, given the incarceration of mothers,the conjunction of the right to motherhood and family life has been a major challenge for the implementation of human rights and public policies. It is concluded, therefore, that greater investiment is necessary in the coordination between the institutions that make up the Criminal Justice System and the Guarantee of Rights of Children and Adolescents, with the purpose of effectively promoting family and community coexistente, as well as strengthening of protective function of families.

The aim of this thesis is analysis of attitudes, opinions and present legislation regarding a surrogate motherhood. The thesis should be recommendation of optimal legal adaptation of surrogacy in Czech Republic. The thesis looks into chosen issue through methods of comparison with foreign legislation and reminder of professional and non- professional views on the issue. The reasons for surrogacy legislation in Czech Republic are particularly the best interest of child, protection of surrogate mother's rights and rights of potential parents and many more. The surrogacy legislation would mean amendments of many legal regulations, which are propounded by the thesis. Keywords Surrogate motherhood, surrogacy, surrogacy legislation, determination and negation of maternity, biological mother, social mother, genetic mother, legal mother, the best interest of child, adoption, right to family and family life Name of the thesis Surrogate motherhood

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