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Parenthood and homosexuality

Publication at Faculty of Law |
2015

Abstract

Changes in family relations brought by the end of 20th and 21st century are not reflected by current Czech regulation. There are cases which provide evidence that families with same-sex parents do exist, however, the Czech legal order prohibits homosexual couples to found a family.

Yet, at present, due to development in the field of reproductive medicine, it is possible for a homosexual couple to found a family, and thus some states adopted legislation allowing same-sex couples to have children in compliance with law. First, this paper discusses the evolution of assisted reproduction as well as the perception of homosexuality in history.

Further it analyses the legal regulation of assisted reproduction treatment concerning homosexuals and homosexual couples in two countries - in the Great Britain, which has chosen liberal approach in granting homosexuals parental rights, and in the Czech Republic, where regulation is rather conservative. Lastly, this paper examines regal regulation on family matters in the Czech New Civil Code.