Czech Republic

Surrogacy in the Czech Republic is generally not familiar to intended parents from Europe or from the rest of the world. In fact, this state, although it also grants access to surrogacy to citizens from other countries, has a legislative situation that does not convey the regulatory security typical of other countries where this path is precisely regulated.
In fact, surrogacy or "gestation surrogacy", is not regulated or mentioned in any law. It will therefore be a Medically Assisted Reproduction Treatment program in which a child is born to a woman.

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Accessibility

Surrogacy in the Czech Republic is generally chosen by single men

Conditions

None

Programs

M.A.R.T. programs are used

Cost

Medium

Possibility

Selection of the child’s gender

Legal aspects

Intended parents named on the birth certificate (N.B. under condition)

Capital

Prague

Language

Czech

Form of government

Parliamentary Democracy

More information

Definition of surrogacy program

A surrogacy program is a set of medical and legal procedures whose ultimate goal is to have a child with an alternative to natural conception. The parties involved in the procedure are: the intended parents (or parent in the case of single individuals), an assisted reproductive clinic and a foreign agency or other equivalent entity capable of filling the needs related to egg donation and gestational carrier. An attorney experienced in the applicable law of the country in which the program takes place should be considered a key part of the process

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Current Events

It must be specified that the legal, medical reproductive technique, called "surrogacy" is not regulated in the Czech Republic by any legislation. Therefore, it can’t be defined as legally permitted nor as prohibited. Based on what has just been said, in recent years there has been a very frequent movement of often homosexual citizens who, in traveling to the Czech Republic, are able to carry out M.A.R.T.programs, referred to as "surrogacy", which are made available by agencies and clinics around the world

Surrogacy Czech Republic: Program costs

There isn’t one set cost that applies to every case. In fact, the price is closely linked to a number of variables, which are innumerable in this state. In fact, in addition to whether or not egg donation is necessary, the type of program required is based on the consideration that we are talking about a simple M.A.R.T. program. In any case, a careful estimate based on the case histories we have had so far allows us to say that the average price for a guaranteed program with legal support included is currently €86,000.

Legislation and surrogacy programs

The M.A.R.T. programs already mentioned are signed along with agreements that do not ultimately represent a true surrogacy pathway, since they are not related to surrogacy, which "de facto" the state does not recognize. Specifically, according to the relevant international regulations, surrogacy agreements are contracts through which a woman participates in someone else's parental project, renouncing her maternal rights from the outset in favor of the intended parents. The latter, after the birth of the child, are the legal parents of the child who came into existence through the use of surrogacy and who is voluntarily entrusted to the parents by the surrogate mother. These facts are duly proven in the relevant birth certificates attesting to the filial relationship between the child and the intended parents. The cases conducted in the Czech Republic, on the other hand, end with the issuance of a birth certificate showing not only the name of the biological father but also that of the surrogate mother who obviously is the legal mother of the child for all intents and purposes (since this is not, as we have already mentioned, a true surrogacy route).

Return to home country and legal parentage

Once back home, the biological father (as the Czech birth certificate will certify) will have to apply to the competent judge requesting the exclusive exercise of parental responsibility over the child. In doing this he will also provide the surrogate mother's request for relinquishment. This procedure can be granted by the court of the home country and each country has its own requirements that may change over time.
Over the years, upon ascertaining the surrogate mother's disinterest in the child, the court may determine the gestational surrogate's forfeiture of parental responsibility.
It should be emphasized that obtaining the termination of the surrogate mother's parental right, in no way affects the legal parentage. In other words, the gestational surrogate will always continue to be the mother of the child as established by the birth certificate

Intended Parent requirements

Since there is no normative reference, access to the program must be evaluated on a case-by-case basis

Birth Certificate

The child will be registered and recognized as the legal child of the biological father and the surrogate mother who gave birth to him (resulting in a the legal mother)

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