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All Journal Jurist-Diction
Vina Hardyana Infantri
Universitas Gadjah Mada
Law, Crime, Criminology & Criminal Justice Social Sciences

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Quo Vadis Surrogate Mother Practices Based on The Indonesian Legal System Retno Meilani; Zainul Rahman; Vina Hardyana Infantri; Danang Prwaito
Jurist-Diction Vol. 9 No. 3 (2026): Volume 9 No. 3, September 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i3.88666

Abstract

Advances in health technology such as In Vitro Fertilization (IVF) have given rise to the practice of surrogate motherhood as an alternative for couples to have children. A number of countries have legalized surrogacy, but Indonesia does not yet have specific regulations on surrogacy. This study aims to analyse the direction of resolving the practice of surrogate motherhood in the Indonesian legal system, which currently faces a regulatory vacuum, overlapping norms, and ethical and religious challenges. This study uses a qualitative approach with descriptive analysis methods, then identifies that surrogate mother practices in Indonesia have been occurring secretly and without adequate legal supervision. The findings show that there is no legal certainty, resulting in the risk of violations of women's and children's rights, as well as creating uncertainty regarding the legal status of children born through surrogacy, thus necessitating regulations in Indonesian positive law. Comprehensive and contextual legal regulations, based on positive law, social values, and religious norms, are expected to guarantee the protection of the rights of all parties and avoid exploitative and unethical practices.
Co-Authors Danang Prwaito Retno Meilani Zainul Rahman