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All Journal Arena Hukum
Farhanah Azzahrowani
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Law, Crime, Criminology & Criminal Justice

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Surrogacy and the Legal Consequences of Children in Indonesia (Towards A Maqasid–Certainty Synthesis Framework) Rohmah, Siti; Moh. Anas Kholish; Nurul Islami; Farhanah Azzahrowani
Arena Hukum Vol. 19 No. 2 (2026)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2026.01902.5

Abstract

Surrogacy presents a significant legal challenge in Indonesia, as technological developments in assisted reproduction have transcended the capacity of existing legal frameworks to regulate the resulting parent–child relationship. The absence of comprehensive regulation creates uncertainty in the legality of surrogacy, the determination of legal parentage, and the status of children born through surrogacy. This article analyses the legality and legal consequences of children born through surrogacy in Indonesia, using an integrative approach between maqasid al-shariah and the theory of legal certainty. This normative juridical research reveals legal  gaps and disharmony between Islamic law and positive law, which contribute to ambiguity in lineage, civil rights, and child protection. From the maqasid perspective, surrogacy practices may potentially disrupt the protection of offspring (hifz al-nasl), while from the standpoint of legal certainty, the incomplete norm creates uncertainty and the risk of legal conflicts. This  article proposes the Maqasid-Certainty Synthesis Framework (MCSF) as a conceptual model to align welfare values with juridical certainty. The main recommendation is the establishment of comprehensive regulation, based on a model that prohibits commercial surrogacy and permits strictly supervised, limited exceptions, to ensure justice, child protection, and legal certainty.
Co-Authors Moh. Anas Kholish Nurul Islami, Nurul Siti Rohmah