Abstract
Surrogacy is a delicate, in many ways controversial topic which raises a number of complicated questions. It encroaches on the very foundations on which family law is built, as it calls into question the old principle: "Mater semper certa est." Cases of surrogate motherhood touch on humanly sensitive issues and sometimes evoke compassion, sometimes misunderstanding and condemnation.
From the point of view of criminal law, it remains unclear whether persons participating in the process of surrogacy are exposed to the risk of criminal prosecution for the criminal offense of entrusting a child to another pursuant to Section 169 of Act No. 40/2009 Coll., The Criminal Code. In this paper, I argue that this crime cannot be committed by a surrogate mother.
At the same time, I believe that the process of surrogate motherhood lacks social harm and the negative states associated with it are primarily the result of lax or poor quality of civil and administrative legislation in this area.