<![CDATA[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.]]>
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