Kedudukan Hukum Perjanjian Surrogate Mother (Ibu Surogasi) Atas Indikasi Medis Di Indonesia

Women who do not have their uterus or uterus removed or medically prohibited from becoming pregnant because of certain diseases can still have genetic children through surrogate mothers. Surrogate mothers are women who are willing to get pregnant, give birth and deliver their babies to husband and wife couples who own the seeds. This is usually agreed upon by an agreement. This study aims to determine and understand how the position of the surrogate mother agreement for medical indications in Indonesia in terms of the validity of an agreement based on Article 1320 and Article 1337 of the Civil Code. In addition, this study is also to find out what are the obstacles in the implementation of the surrogate mother agreement for medical indications in Indonesia. This research is a normative legal research conducted by examining secondary data in the form of statutory regulations, legal scientific books and journals as well as other scientific works related to the surrogate mother agreement. The nature of this research is prescriptive which provides an overview of the position of the surrogate mother agreement for medical indications based on Article 1320 and Article 1337 of the Civil Code. From the results of the study, it was found that the legal position of the surrogate mother agreement for medical indications does not yet have juridical certainty in the Civil Code. The obstacle to implementing the surrogate mother agreement in Indonesia is the MUI Fatwa which prohibits it