Abstract
This review addresses the surrogate motherhood, one of the oldest and most controversial reproduction techniques. First part of the article clarifies actual terminology, second part some ethical aspects, foundations and conditions of surrogacy - especially exploitation, commodification and the possibility of commercial surrogacy.
Major differences in approach to such aspects and grounds in different countries through the optics of their economic development will be presented. Third perspective is focused on the Czech legal environment in contrast to the European Court of Human Rights (ECHR) case law based on evolutive decision making derived from the interpretation the European Convention on Human Rights is a "living tool" and transforms over time.
On particular case laws reveals how the ECHR stresses the importance of a genetic link to a child born through surrogacy. It also answers questions how is surrogacy embodied in the Czech law and how the case law of the ECHR affects decision making and outlines the need for an active regulation in this area.