Journal of Law Science
Vol. 6 No. 1 (2024): January : Law Science

Juridical review of womb renting in the realm of civil law (comparation study of Indian and Indonesian countries)

I Made Krisnan Wijaya Putra (Ngurah Rai University, Indonesia)
Putu Eka Trisna Dewi (Ngurah Rai University, Indonesia)



Article Info

Publish Date
30 Jan 2024

Abstract

This piece of work aims to go more into the rules and laws of India and Indonesia as they pertain to the practice of renting a woman's womb. Research in descriptive normative juridical law is used in the writing process. Through library and document studies, legal material analysis procedures utilizing the syllogism approach, which employs a deductive mentality, and other ways, both primary and secondary legal resources are consulted. Since surrogacy is often a couple's final resort for starting a family, this piece concludes that infertility is the primary motivation for using it. An agreement is necessary for womb renting to commence. Womb rental is quite similar to in vitro fertilization (IVF), with the main exception being that the embryo is transported to the uterus of another person. Indonesian health standards do not permit womb renting, and contracts for such services are void according to Indonesian law because they do not adhere to one of the requirements for contract validity outlined in the Civil Code. Commercial womb rental was formerly legal in India, but the country outlawed the practice because to the high number of surrogate moms who were abandoned. However, surrogacy could still be done voluntarily under certain circumstances.

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Journal Info

Abbrev

JLS

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP ...