Prophetic Law Review
Vol. 6 No. 1 June 2024

A Prophetic Law Approach to Reconciling Indonesia’s Uneasy Relationship with Cross-border Surrogacy

Heriyanto, Dodik Setiawan Nur (Unknown)
Ulvi Gasimzadeh (Unknown)



Article Info

Publish Date
30 Jun 2024

Abstract

The modernization of reproductive technology has made things easier for couples who are not yet blessed with children. Currently, the practice of surrogacy has been successful in providing children through surrogate mothers. Abroad, this practice can cross national borders, where the surrogate mother can come from a different nationality than the child's prospective parents. This practice is done to get good genes or offspring according to their hopes, especially if the couple rents a womb from a European or East Asian race. Two legal issues are studied in this research, namely those related to the legal status of the practice of surrogacy, which is cross-border according to private international law and Prophetic Law. Apart from that, this research also examines the urgency of regulating the practice of surrogacy in Indonesian law. This research, using a normative legal research methodology, concludes that even though the practice of surrogacy is considered legal based on private international law, from an Islamic Law perspective, this practice is strictly prohibited (Haram) because it obscures the child's lineage status. The law in Indonesia really needs to regulate the legal vacuum related to the surrogate mother practice both domestically and across national borders to ensure legal certainty.

Copyrights © 2024






Journal Info

Abbrev

JPLR

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Prophetic Law Review is a law journal published by the Faculty of Law Universitas Islam Indonesia. The primary purpose of this journal is to disseminate research, conceptual analysis, and other writings of scientific nature on legal issues by integrating moral and ethical values. Articles published ...