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All Journal Jurnal Hukum Lex Generalis
Simbolon, Mhd Fakhran Hadyan
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Law, Crime, Criminology & Criminal Justice

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Kedudukan Hukum dan Hak Waris Anak Hasil Donor Sperma Menurut Hukum Islam, KUH Perdata dan Hukum Adat Simbolon, Mhd Fakhran Hadyan; Kamello, Tan; Maharany, Utary
Jurnal Hukum Lex Generalis Vol 6 No 6 (2025): Tema Hukum Keluarga
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i6.1644

Abstract

The development of assisted reproductive technology has raised various new legal issues, one of which is the legal status and inheritance rights of children born from sperm donation. This research analyzes the legal status of children born from sperm donation according to three legal systems applicable in Indonesia: Islamic Law, Civil Code, and Customary Law. The research findings show that these three legal systems provide different treatment for children born from sperm donation, both in terms of legal status and inheritance rights. Islamic Law views children born from sperm donation as illegitimate children who only have lineage relationship with their mothers, Civil Code provides flexibility with several possible statuses, while Customary Law emphasizes juridical reality rather than biological reality in determining children's legal status.
Co-Authors Tan Kamello Utary Maharany, Utary