Surrogacy in Czech Republic
Who can do surrogacy in Czech Republic
In recent years, more than one agency has appeared in Prague, (Czech Republic), offering to have a child in the Czech Republic. A country where there is no surrogacy law.
This country was very frequented by Spanish parents. That (since citizens of other nationalities receive passports of their nationality for the baby) found themselves with the prohibition by the Spanish government from 2020, to register their babies in the Spanish consulate of the city where the baby was born, as it was usually done, in compliance with the European Jurisprudence of the Court of Human Rights in Strasbourg. Thus, the child born through surrogacy no longer had a Spanish passport at that time, and had to travel to Spain with another travel document: a visa or a passport issued by the authorities of the baby's nationality.
This meant that when this rule was applied, many parents were detained in different countries (mainly Ukraine) without knowing how to obtain a Ukrainian passport quickly, which meant that many parents were detained for several months, some even exceeding the 90 days that the law allows them to stay in the country as tourists, which made them illegal residents, which made it even more complicated to obtain the baby's passport. Many of these parents were couples who, in order to save the costs of an agency, and believing that surrogacy can be done by anyone, had ventured to work directly with clinics or "home shops" that lacked structure and resources in the country.
As the saying goes, “fishermen's profit in a troubled river", an agency with hardly any structure or presence in the countries it markets, had the "happy and original" idea of making the surrogate not have her baby in the country originally planned, but in a European country, so that, being within the Schengen area, the passport would no longer be necessary, and the baby and parents could return by train or car to Spain.
It should be noted that this destination is used almost exclusively by Spaniards, and that it is rare to find citizens of other countries, since their countries grant them passports without major complications, so parents choose destinations where it is legal to do the process.
This idea would be very good if it did not have some flaws that as a law firm (with civil liability insurance, and all our lawyers fulfilling the requirements established in Royal Decree 135/2021, of 2 March, Royal Decree 135/2021, of 2 March, and all of them with more than 10 years of practice) we cannot ignore when recommending or not a destination:
This country was very frequented by Spanish parents. That (since citizens of other nationalities receive passports of their nationality for the baby) found themselves with the prohibition by the Spanish government from 2020, to register their babies in the Spanish consulate of the city where the baby was born, as it was usually done, in compliance with the European Jurisprudence of the Court of Human Rights in Strasbourg. Thus, the child born through surrogacy no longer had a Spanish passport at that time, and had to travel to Spain with another travel document: a visa or a passport issued by the authorities of the baby's nationality.
This meant that when this rule was applied, many parents were detained in different countries (mainly Ukraine) without knowing how to obtain a Ukrainian passport quickly, which meant that many parents were detained for several months, some even exceeding the 90 days that the law allows them to stay in the country as tourists, which made them illegal residents, which made it even more complicated to obtain the baby's passport. Many of these parents were couples who, in order to save the costs of an agency, and believing that surrogacy can be done by anyone, had ventured to work directly with clinics or "home shops" that lacked structure and resources in the country.
As the saying goes, “fishermen's profit in a troubled river", an agency with hardly any structure or presence in the countries it markets, had the "happy and original" idea of making the surrogate not have her baby in the country originally planned, but in a European country, so that, being within the Schengen area, the passport would no longer be necessary, and the baby and parents could return by train or car to Spain.
It should be noted that this destination is used almost exclusively by Spaniards, and that it is rare to find citizens of other countries, since their countries grant them passports without major complications, so parents choose destinations where it is legal to do the process.
This idea would be very good if it did not have some flaws that as a law firm (with civil liability insurance, and all our lawyers fulfilling the requirements established in Royal Decree 135/2021, of 2 March, Royal Decree 135/2021, of 2 March, and all of them with more than 10 years of practice) we cannot ignore when recommending or not a destination:
| SITUATION | PROBLEM |
|---|---|
| The local agency will require a sworn statement that the pregnancy is altruistic, being that the surrogate does not receive any compensation. | If this were to be done, it would be committing a crime of falsification of a public document punishable under both the fathers country of origin and the Criminal Code of the Czech Republic. |
| Upon arrival at the registry office, the commissioning father must declare that the surrogate is his actual partner, since surrogacy does not exist. | Lying to an official is also a criminal offense under both legal systems. |
| Unfortunately the high number of parents who came to Prague in the past, led the authorities to the so-called OPERATION SPANIEL This ended with the arrest of four doctors from the Clinic of Dr. FESKOV, among others. This obviously harmed many parents who found themselves in the middle of an international criminal case. | There is a danger of another "OPERATION SPANIEL" when babies are created in Cyprus and born in Prague. A situation identical to the processes when IVF was performed in Ukraine, and ended in Prague. There is no difference between the two. |
| As soon as parents appear at the registry office, the registry office alerts the authorities and the police go to the registry office. | The police question the surrogate mother and the commissioning father. Both have the right not to testify, and local agencies usually provide the father with a lawyer to advise him. This is an unfortunate part of the nature of the process. |
| The father cannot be present at the birth | The fact that the surrogacy is hidden from the Clinic, which indicates once again the lack of clarity of the process. |
The "agencies" that recommend this destination, without stressing the risks involved, all have similar characteristics:
They are local lawyers (1 or 2 people in a small office,) with no structure in the country they sell as a destination. They are simple intermediaries with a few years of experience in this destination who charge a fee for showing you the way. However they obviously do not have any power over the process. In the end, the one who does everything is the local agency/clinic in the country where the IVF is performed thus completing the pieces of the puzzle.
If the process is legal in the Czech Republic, why is IVF (in vitro fertilization) not performed in the Czech Republic as well? On the contrary, they offer destinations for the surrogate to get pregnant such as the Turkish Republic of Northern Cyprus which is a country not recognized by the European Union and most of the countries of the civilized world.
It is in this country that they propose to perform an assisted reproduction treatment, making surrogate pass as the fiancée of the intended father.
Afterwards, the pregnant woman will have to travel to the Czech Republic about 3 months before the baby's due date
Since in Prague, it is almost impossible to register a baby without the police being automatically present to interrogate the intended parent and the surrogate the agencies have moved their operations to towns 60-80 kilometers from Prague, in the hope that something similar to the SPANIEL operation won’t happen.
The contract that you will sign with the agency that organizes the process in Cyprus is based in ESTONIA for example. Why are they not based in Cyprus, or in the Czech Republic?
Serious companies will always make you sign abroad. If they are serious, it will be in a country that contemplates surrogacy in its legal system, which will allow you to make a legal claim if necessary. Imagine claiming the baby in the Czech Republic, or in Cyprus, or in Estonia, in which your contract does not comply with any law. So make sure that in the country where you sign the contract, there is a surrogacy law in force that guarantees your rights. Once again, it is necessary to avoid the "mom and pop agencies."
They are local lawyers (1 or 2 people in a small office,) with no structure in the country they sell as a destination. They are simple intermediaries with a few years of experience in this destination who charge a fee for showing you the way. However they obviously do not have any power over the process. In the end, the one who does everything is the local agency/clinic in the country where the IVF is performed thus completing the pieces of the puzzle.
If the process is legal in the Czech Republic, why is IVF (in vitro fertilization) not performed in the Czech Republic as well? On the contrary, they offer destinations for the surrogate to get pregnant such as the Turkish Republic of Northern Cyprus which is a country not recognized by the European Union and most of the countries of the civilized world.
It is in this country that they propose to perform an assisted reproduction treatment, making surrogate pass as the fiancée of the intended father.
Afterwards, the pregnant woman will have to travel to the Czech Republic about 3 months before the baby's due date
Since in Prague, it is almost impossible to register a baby without the police being automatically present to interrogate the intended parent and the surrogate the agencies have moved their operations to towns 60-80 kilometers from Prague, in the hope that something similar to the SPANIEL operation won’t happen.
The contract that you will sign with the agency that organizes the process in Cyprus is based in ESTONIA for example. Why are they not based in Cyprus, or in the Czech Republic?
Serious companies will always make you sign abroad. If they are serious, it will be in a country that contemplates surrogacy in its legal system, which will allow you to make a legal claim if necessary. Imagine claiming the baby in the Czech Republic, or in Cyprus, or in Estonia, in which your contract does not comply with any law. So make sure that in the country where you sign the contract, there is a surrogacy law in force that guarantees your rights. Once again, it is necessary to avoid the "mom and pop agencies."
Having analyzed the situation in the Czech Republic, Gestlife covers this destination for parents who, despite the warnings, wish to do the process in that country, instead of doing it in the USA, or ALBANIA, or other countries such as MEXICO or COLOMBIA.
It should be noted that the CZECH REPUBLIC has an advantage over ALBANIA, which is that the period of stay in the country, after the birth of the baby, is shorter, since we will not need a passport to leave the country, being able to return by train or car to our country of origin. But let us never forget that this advantage is the result of doing things incorrectly.
It should be noted that the CZECH REPUBLIC has an advantage over ALBANIA, which is that the period of stay in the country, after the birth of the baby, is shorter, since we will not need a passport to leave the country, being able to return by train or car to our country of origin. But let us never forget that this advantage is the result of doing things incorrectly.
Surrogacy law in the Czech Republic
There is no surrogacy law.
According to the official website of the government of the Czech Republic, which is reproduced below verbatim:
- Surrogacy is not explicitly regulated by Czech law, but it is not prohibited.
- Czech law does not explicitly regulate the institution of surrogacy, but does not prohibit it.
- However, the transfer of the child from the surrogate to the intended parents is not legally enforceable and any surrogacy contract would be absolutely invalid.
- The surrogate cannot receive remuneration in connection with the pregnancy, birth and transfer of the child, as this would amount to the crime of entrusting a child to another person. This offence is committed by anyone who, in return for remuneration, entrusts a child to another person for the purpose of adoption or for another similar purpose. The offence is punishable by up to three years' imprisonment or a prohibition of activity.
Article 804 of Law no. 89/2012 of the Civil Code.
Own office in Czech Republic
Gestlife has its own office in Prague, Czech Republic, although we do not recommend it as a destination, as there are still parents who insist on choosing this destination.
We are not an intermediary. Our staff will assist you in our office in Prague, in your language. In a process where legal issues are mixed with medical issues, it is important to speak the same language and understand each other. With Gestlife, you will never feel like a stranger in a foreign country.
We are not an intermediary. Our staff will assist you in our office in Prague, in your language. In a process where legal issues are mixed with medical issues, it is important to speak the same language and understand each other. With Gestlife, you will never feel like a stranger in a foreign country.
Legal assistance in Czech Republic
Gestlife has lawyers in its Prague office to assist you throughout the whole process.
Legal assistance in your home country
Most "agencies" finish their work when they hand over the baby to you. Others help you to leave the country, but then it is up to you to register your baby in your country of origin. At Gestlife we have a network of lawyers in all countries, to take care of the final procedure in your country of origin that will allow you to register your child without any problems.
Legal assistance in your home country
We try our best to make the surrogacy process a pleasure trip, not a nightmare. But there can always be setbacks, which can endanger the commissioning parents (illness, accident). Gestlife takes care of managing your travel assistance insurance, to guarantee you complete assistance in the event of any incident, and we take care of managing and organising all the services related to this issue, so that you don't have to worry about it. Our philosophy is to take care of the parents 24 hours a day.
Legal assistance in your home country
Most "agencies" finish their work when they hand over the baby to you. Others help you to leave the country, but then it is up to you to register your baby in your country of origin. At Gestlife we have a network of lawyers in all countries, to take care of the final procedure in your country of origin that will allow you to register your child without any problems.
Legal assistance in your home country
Most "agencies" finish their work when they hand over the baby to you. Others help you to leave the country, but then it is up to you to register your baby in your country of origin. At Gestlife we have a network of lawyers in all countries, to take care of the final procedure in your country of origin that will allow you to register your child without any problems.
Personal assistance during your travels
We try our best to make the surrogacy process a pleasure trip, not a nightmare. But there can always be setbacks, which can endanger the commissioning parents (illness, accident). Gestlife takes care of managing your travel assistance insurance, to guarantee you complete assistance in the event of any incident, and we take care of managing and organising all the services related to this issue, so that you don't have to worry about it. Our philosophy is to take care of the parents 24 hours a day.
Cost of a surrogacy procedure in the Czech Republic
A surrogacy procedure in Albania/Czech Republic costs between 84,000 and 108,000 euros, depending on the program and guarantees chosen.
Which programs can I take out in the Czech Republic?
In all our countries, you can take out the following programs:
- BASIC
- STANDARD
- STANDARD PLUS
- STANDARD PLUS PREMIUM
You can consult the services included in each program in the dossiers for each country. Ask your family counsellor for them, without any obligation.
HIV, Hepatitis and sexually transmitted diseases
Gestlife is one of the few agencies that have programs for parents who test positive for HIV, Hepatitis or sexually transmitted diseases. Nowadays, this is not an impediment to parenthood. If this is your case, consult with your family counsellor, and we will be happy to help you.
- BASIC
- STANDARD
- STANDARD PLUS
- STANDARD PLUS PREMIUM
You can consult the services included in each program in the dossiers for each country. Ask your family counsellor for them, without any obligation.
HIV, Hepatitis and sexually transmitted diseases
Gestlife is one of the few agencies that have programs for parents who test positive for HIV, Hepatitis or sexually transmitted diseases. Nowadays, this is not an impediment to parenthood. If this is your case, consult with your family counsellor, and we will be happy to help you.
Special characteristics of the country and differences with ALBANIA:
| FEATURE | CZECH REPUBLIC | ALBANIA |
|---|---|---|
| Surrogacy Law | There is no surrogacy law. According to the official website of the government of the Czech Republic, which is reproduced below verbatim: Surrogacy is not explicitly regulated by Czech law, but it is not prohibited. Czech legislation does not explicitly regulate the institution of surrogacy, but it does not prohibit it. However, the transfer of the child by the surrogate mother to the intended parents is not legally enforceable and any surrogacy contract would be absolutely invalid. The surrogate mother may not receive monetary compensation in connection with the pregnancy, birth and transfer of the child, as this would amount to the crime of entrusting a child to another person. This offence is committed by anyone who, in return for money, entrusts a child to another person for the purpose of adoption or for another similar purpose. The offence is punishable by up to three years' imprisonment or prohibition of activity. The text, verbatim, is available on the official government website: https://portal.gov.cz/en/informace/surrogacy-INF-25 Article 804 of Law no. 89/2012, of the Civil Code, as amended. | Law 8876, dated 4.4.2002 On Reproductive Health, Article 43 recognizes surrogacy as a valid technique of assisted reproduction, although it does not subsequently develop any regulations. |
| Agency | The agency selling the program does not have its own offices and staff in either country. They use local agencies that have their own interests and processes. | Gestlife has its own office in Albania and in the Czech Republic, with its own staff. We do not work with intermediaries which allows us to control the whole process and act as one voice. |
| In vitro fertilization process | Must be done in another country. Impossible in the Czech Republic. | The whole process is done in Albania, IVF, and delivery of the baby. |
| Stay in the country after birth | It can be 3 weeks after the baby is born, and we can return to the country, by car or train, since none of the authorities issue passports or safe passage for the baby. | It is necessary, as in all countries, to ask the consulate for a certificate of registration. If the consulate refuses, or delays, in order to gain time, precautionary measures are filed prior. This procedure can take 2 months, during which time someone must take care of the baby (it is not essential that the father be there for the whole period, only at the beginning and at the end). |
| Return to country of origin | Return by train or car from Prague | Return by direct flight of 2 hours and 20 minutes. |
| Payments | You will have to pay 3 intermediaries:
| To a single company in a country (USA) with legislation on surrogacy (the country with the most legislation in the world on this matter). Without intermediaries. |
| Presence during labor | The parents cannot be present during the delivery, since it is simulated, which once again demonstrates the legal weakness of the process. | The parents can both be present at the delivery, cut the umbilical cord, and perform the skin-to-skin technique with the baby. |
