PERJANJIAN SURROGATE MOTHER DITINJAU DARI HUKUM PERJANJIAN DI INDONESIA

Made Pande Sulistiyo Wibowo, . (2024) PERJANJIAN SURROGATE MOTHER DITINJAU DARI HUKUM PERJANJIAN DI INDONESIA. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

Surrogate mother is an artificial reproduction technique that develops from IVF (in vitro fertilization), which is a process where the fertilization of sperm cells and eggs occurs outside the woman's womb, or in a tube where the technique will produce an embryo. In the surrogate mother technique, the embryo will be transferred into the uterus of another woman (surrogate mother). The insertion of the embryo into the womb of another woman is because the womb of the woman who owns the egg cell cannot be used, removed or is not strong in nurturing the embryo to form a fetus and give birth to a baby or indeed the owner of the egg cell does not want to feel pregnant for certain reasons. So that this other woman (surrogate mother) replaces the role of the woman who owns the egg to carry the embryo until giving birth and after giving birth, the surrogate mother is required to hand over the baby to the intended parents. With the existence of other parties (surrogate mothers) who take part in a problem solving that arises for the married couple, an agreement also to provide legal certainty and justice to the parties and become the basis for settlement if a problem arises in the future, where this agreement is commonly known as a surrogacy contract. The method used in this research is normative research using a statue approach by examining the laws relating to legal issues by collecting primary, secondary and tertiary legal data using written data which is then analyzed descriptively. This research focuses on the subject of how the law of surrogate mother agreements in terms of the applicable treaty law in Indonesia and the legal status of children born from these agreements. The result of this research is that the surrogate mother agreement according to the agreement law in Indonesia is invalid because it does not fulfill the valid requirements of an agreement regulated in Article 1320 of the Indonesian Civil Code in objective terms which results in this agreement being null and void. Meanwhile, the legal status of the child that born from this agreement is the child are belong to the mother who gave birth or surrogate mother so the element of civil rights that have been obtained by the child is the civil rights to the family of the surrogate mother. However, to determine whether the child is a legitimate child or a child born out of marriage is determined by the status of the surrogate mother whether she is bound by marriage or not.

Item Type:	Thesis (Skripsi)
Additional Information:	[No. panggil : 1810611313] [Pembimbing : Muhammad Ali Hanafiah Selian] [Ketua Penguji : Dwi Aryanti Ramadhani] [Penguji 1 : Sulastri] [Penguji 2 : Muhammad Ali Hanafiah Selian]
Uncontrolled Keywords:	Surrogate mother, Agreement, and Child Status
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	Made Pande Sulystiyo Wibowo
Date Deposited:	25 Mar 2024 05:08
Last Modified:	25 Mar 2024 05:08
URI:	http://repository.upnvj.ac.id/id/eprint/29835

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