The institute of surrogacy is not explicitly regulated by Czech law, but it is not prohibited.
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 be remunerated in connection with the pregnancy, birth and transfer of the child, as this would amount to the criminal offence of entrusting a child to another person. This criminal offence is committed by a person who, 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 ban on activity.
According to Czech law, the mother of a child is always considered to be the woman who gave birth to the child, even if the donor of the egg was another woman. In the case of surrogacy, the father is considered to be the man who gave the consent for artificial insemination. In this case, it is the spouse of the surrogate mother, or possibly another man who gave the consent. It can also be the intended father (i.e. the male of an infertile couple). As with the mother, in the case of paternity the identity of the sperm donor does not matter. In the case of surrogacy, it is therefore necessary to follow the rules for adoption.