PERLINDUNGAN HAK WARIS ANAK YANG DILAHIRKAN DARI PROSES SURROGATE MOTHER : (Studi Komparatif Indonesia dan Ukraina)

Mahvira, . (2024) PERLINDUNGAN HAK WARIS ANAK YANG DILAHIRKAN DARI PROSES SURROGATE MOTHER : (Studi Komparatif Indonesia dan Ukraina). Jurnal Kertha Semaya, 12 (7). pp. 1564-1574. ISSN 2303-0569

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Abstract

This research aims to discuss inheritance rights for children born from the surrogate mother process between Indonesia and Ukraine. Developments in the health sector have led to the birth of the method of fertilization outside the womb or In Vitro Fertilization (IVF). One way to do this is to entrust the seeds to the surrogate mother. However, children born from the surrogate mother process will raise legal problems regarding their status and inheritance rights. Therefore, it is necessary to study the status and inheritance rights of children born from the surrogate mother process. This research uses normative juridical with a statutory approach and a comparative approach. The research results show that if a surrogate mother is legally bound in a marriage, then the child she gives birth to is the legitimate child of the surrogate mother and not the legitimate child of the parents who entrusted their seed to the surrogate mother. However, if the surrogate mother is not married, then the child is illegitimate. Meanwhile, in Ukraine, according to Article 123 of the 2002 Ukrainian Family Code, children born through the surrogate mother process are the legitimate children of the couple who entrusted their offspring to the surrogate mother. The inheritance rights of illegitimate children born to surrogate mothers in Indonesia are regulated in Article 863 Paragraph 1 of the Civil Code. Meanwhile, in Ukraine, because the child is a legitimate child, the child will receive the same inheritance as other heirs.

Item Type:	Article
Additional Information:	[No.Panggil: 2010611013] [Pembimbing: Ridha Wahyuni] [Penguji 1: Sulastri] [Penguji 2: Ridha Wahyuni]
Uncontrolled Keywords:	Inheritance Rights, Children, Surrogate Mothers, Civil Law.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	MAHVIRA
Date Deposited:	26 Aug 2024 04:49
Last Modified:	26 Aug 2024 04:49
URI:	http://repository.upnvj.ac.id/id/eprint/30716

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