Open AccessSurrogate Mother Agreement and the Effect on Children's Status Born
Author(s) -
Filda Achmad Al Yadainy
Publication year - 2020
Publication title -
journal of law and legal reform
Language(s) - English
Resource type - Journals
eISSN - 2715-0968
pISSN - 2715-0941
DOI - 10.15294/jllr.v1i2.35418
Subject(s) - commit , wife , agreement , psychology , child bearing , law , social psychology , sociology , political science , demography , population , linguistics , philosophy , database , computer science
That surrogate mother is one of the IVF techniques (fertilization in vitro), the seeds must come from the husband and wife pair and then put in the womb of another woman. After the child is born another woman is obliged to give the child to a married couple who ordered the agreed agreement. In this research, the author aims to find out how the validity of the agreement surrogate mother and what is the legal status of children born from agreements surrogate mother. Agreement is asomething that someone or some people commit themselves to someone or some people who tie themselves to others, and while Legitimate children are children born in or due to a legal marriage. The theory used (statue approach) by examining all regulatory laws. Results of research on the validity of the agreement surrogate mother, the agreement is invalid because it is based on the fourth condition in terms of the validity of an agreement Pasal 1320 KUHPerdata that is, due to "the existence of halal reasons" and as for the status of the child from the status of the child who was born that the child is the child of a surrogate who already conceived and gave birth to her.