ASPEK ETIK DAN HUKUM SEWA RAHIM (SURROGATE MOTHER)

Abstrak

Surrogate mother is defined as woman carrying another person’s embryo and gives birth to a
baby for the person who donors the embryo. The unique characteristic arises from who will be
called as the parent. Surrogate mother exists because the wife usually obtain something wrong
in her uterus thus cannot carrying a child, subsequently the role of the wife to carry and give
birth is transferred to another woman, either voluntarily or because of the money. The purpose
of this research is to comprehend and analyse the status of surrogacy agreement in Indonesian
contract law; the status of child born through surrogacy; the regulations regarding surrogate
mother implemented in several countries as comparison; lastly, to formulate a suitable
regulation of surrogate mother in Indonesia. The method used by the author in discussing
problems in this research is normative. Specifications research used is by analyzing juridical
analysis or the problem based on the statutory provisions related to family law and contract
law, literature, other sources related to this research. To obtain the necessary data through
the study of literature and field