CIVIL LAW ANALYSIS OF THE USE OF SURROGATE MOTHER FOR IN-VITRO FERTILISATION

Abstract

This research explores the regulations related to children born through IVF, focusing on the inheritance rights and legal position of children born through surrogacy. Using normative legal research methods, this study concludes that children born from IVF using the husband's sperm are legally recognized as legitimate children in civil law, and confer inheritance rights. Children born through IVF using donor sperm, which is permitted by the husband, are also recognized indirectly. However, this research highlights that agreements involving surrogacy in Indonesia are considered legally invalid according to Articles 1320 and 1548 of the Civil Code, as they do not comply with the Health Law, the Marriage Law, and the principles of Islamic Law. In the case of children born through surrogacy, Law No. 1/1974 on Marriage considers them to be the legitimate children of the surrogate mother, not of the biological parents. Given the widespread practice of surrogacy, this study recommends the establishment of regulations to provide guidance and ensure legal certainty in the implementation of surrogacy