Tinjauan yuridis terhadap perjanjian sewa rahim dan hak waris anak hasil sewa rahim berdasarkan KUHPerdata yang berlaku di Indonesia = Juridical review of surrogate mother agreement and child inheritance rights based on civil code which applicable in Indonesia

Tarnita, Sarah (2020) Tinjauan yuridis terhadap perjanjian sewa rahim dan hak waris anak hasil sewa rahim berdasarkan KUHPerdata yang berlaku di Indonesia = Juridical review of surrogate mother agreement and child inheritance rights based on civil code which applicable in Indonesia. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

A married couple under Indonesian law based on Marriage Law number 1 of 1974 precisely article 1 which states that the main purpose of marriage is to form a family. In order to continue the descent to realize the purpose of marriage, often not all married couples can naturally have offspring due to several things, one of which is infertility that can occur both to husband and wife, a ways that can be done to help couples to be able to have a pregnancy is a way out of nature that applies in Indonesia according to Health Law number 36 of 2009 precisely Article 127 paragraph 1 in the health regulation, Indonesia allows the existence of IVF or In Vitro Fertilization where the seeds of the husband and wife are combined so that fertilization occurs outside and implanted back into the womb of the wife, but due to infertility that can cause the seeds to not be successfully implanted into the wife’s womb. The existence of Surrogate Mother agreement which is likely to be another alternative for married couples to get offspring, where the Surrogate Mother has similar ways with In Vitro Fertilization but the seed is implanted into a surrogate who was willing to be a surrogate mother before, but the concept of the Surrogate Mother cannot be carried out because in Government Regulation number 61 of 2004 concerning about Reproductive Health Article 43 which clearly prohibits the seeds resulting from fertilization outside of natural means may not be implanted into the womb of other women, if the husband and wife keep illegally doing a Surrogate Mother under Indonesian law then the child that born from Surrogate Mother agreement will not be clear about their status as a child whether the child is out of wedlock or the legitimate child in marriage and there is also a connection to the distribution of inheritance of the child. This research was conducted with a normative approach and using secondary data types, primary, secondary and tertiary legal materials. The conclusion of this research is that the Surrogate Mother agreement cannot be carried out in Indonesia because it is not in accordance with the Health Law and the Civil Code, and a child resulting from the Surrogate Mother will get legal child status related to the marital status of the surrogate mother and biological parents can give the inheritance to the child legally by adopts and provides the inheritance through a testament.

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