Mr. and Mrs. Šebest wanted to start a family and have a child, but they were not allowed to – medical examinations revealed health complications, due to which Mrs. Šebestová could neither carry a child to term nor provide eggs for fertilization. The only option left was surrogacy. A young woman named Jana volunteered to help him, who was supposed to provide the eggs and then carry the child. The couple focused on the new hope and provided Jana with all the financial support. But the dream turned into a nightmare when Jana refused to hand over the child after the birth and cut off contact with the Šebests.
The road to surrogacy
Mr. Šebesta’s sperm was used for fertilization. Jana shared medical reports with her husband during her pregnancy and everything seemed fine. However, after some time, she announced that the child had died and cut off communication.
The couple did not give up and after some time, when Jana called again, they agreed to another attempt. This time the pregnancy was successful and a child was born last fall, whose biological father should be Mr. Šebesta. But although the child was promised to the couple, Jana refused to hand it over and prevents any contact. Mr. Šebesta is not listed on the birth certificate and therefore has no legal relationship with the child.
Legal complications
Due to the current legislative support, seeking justice in a similar situation is far more difficult than it might seem at first glance. According to Czech laws, the mother of the child is always the woman who gave birth to it, regardless of genetic origin. This means that Ms. Šebestová has no legal right to the child, and Mr. Šebesta must now fight in court for recognition of his paternity. If the court recognized his paternity, he could get parental rights and at least partial contact with the child.
There is no legal regulation of surrogacy in the Czech Republic, which means that the whole process depends on trust between the surrogate mother and the intended parents. Any surrogacy contract would be void under current law. Attorney Kateřina Kolářová Justová, who represents the couple, emphasizes that similar cases could be prevented by clear legislation that would establish the parental rights of the intended parents already at the birth of the child.
Surrogacy in the Czech Republic
Despite the legal risks, surrogacy remains a frequent choice of infertile couples in the Czech Republic. For some, there is nothing else left, others decide simply and well to believe. And it’s not always necessary to paint the devil on the wall – reproductive clinics such as Repromeda report that most cases end successfully and the child is handed over to the intended parents.
The future of legislation
Already in 2024, the government approved an analysis that should be the basis for the new legal regulation of surrogate motherhood. However, there is a deadline of 2026 for the drafting of a specific draft law, which means that the current government will probably not have time to adopt it. According to Vladimír Řepka, a spokesman for the Ministry of Justice, surrogacy is a complex issue that requires careful consideration of legal and ethical issues.
The situation is very difficult for the Šebestovs. Without a clear legal basis, it is practically a verbal, non-binding agreement between the parents and the surrogate mother, which cannot be legally enforced in case of problems. Although Mr. Šebesta is going to fight for recognition of his paternity, the path to obtaining custody of the child will be difficult. The case also points to the need for legislation that would provide protection not only to the intended parents, but also, of course, to surrogate mothers and the children themselves.
Source: zpravy.tiscali.cz
