Yes, commercial surrogacy remains unregulated in Czech law, while altruistic arrangements lack explicit statutory recognition. The Civil Code (No. 89/2012 Sb.) neither prohibits nor permits surrogacy, creating a legal gray zone. Courts handle cases under general contract and family law principles, with the Supreme Court of the Czech Republic (Nejvyšší soud) issuing non-binding guidelines favoring genetic parentage. The 2026 draft amendment to the Civil Code proposes limited legalization under strict conditions, pending parliamentary approval.
Key Regulations for Surrogacy in Czech Republic
- Altruism is not codified but courts may enforce agreements if no financial compensation exceeds reasonable expenses (e.g., medical costs). Commercial surrogacy contracts are void under § 581 of the Civil Code, which invalidates agreements violating public order.
- Genetic parentage takes precedence: The surrogate mother’s consent to relinquish the child post-birth is required, but courts prioritize the genetic parents’ rights if DNA testing confirms parentage. The Ministry of Justice (Ministerstvo spravedlnosti) oversees birth registrations, which may deny parental rights to commissioning parents without a court order.
- Foreign surrogacy cases face scrutiny: The Czech Republic adheres to the 1993 Hague Adoption Convention, meaning foreign-born children via surrogacy may require adoption proceedings to obtain citizenship. The Ministry of the Interior (Ministerstvo vnitra) denies residency permits if the surrogacy arrangement violates Czech public policy.