Mulyaningsih, Yulisa Dian (2017) TINJAUAN YURIDIS TERHADAP STATUS HUKUM ANAK YANG DILAHIRKAN OLEH IBU PENGGANTI (SURROGATE MOTHER) BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 DAN KOMPILASI HUKUM ISLAM. Undergraduate thesis, Fakultas Hukum UNISSULA.
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Abstract
As technology advances, the practice of IVF evolved into a form of rent womb raises new issues regarding the legal status of children born by surrogacy (Surrogate Mother) that need to be studied further by Act No. 1 of 1974 and the Compilation of Islamic Law. Issues that will be addressed in this study include 1) What is the validity of the lease agreement of the uterus according to the Civil Code and the Law of Islam, 2) What is the legal status of children born by surrogacy (Surrogate Mother) according to Law No. 1 of 1974 and the Compilation of Islamic Law, and 3) What are the factors causing Indonesia banned the practice of lease uterus and solutions completion. The method used in this research is normative with descriptive analysis specifications. Sources of data in this study consisted of primary data obtained through interview and secondary data consisting of primary legal materials, secondary and tertiary. Then the data were analyzed using qualitative methods. The results showed that the rent of the uterus is invalid and null and void because it does not qualify the validity of the agreement set forth in Articles 1320 and 1337 of the Civil Code and difatwakan forbidden by MUI. There are four possibilities concerning the legal status of children born by a surrogate mother is the legitimate child of the couple penghamil, outside of mating child, adopted child, or a child laqith. Indonesia banned the practice of rent womb for violating religious norms and the rights of children, and cause genetic abnormalities in children. Settlement solutions, technological advances should prioritize ethical and moral, to avoid fornication, do the adoption, the government and parliament to form a law that specifically regulates the lease of the uterus, and evaluate the cause of married couples without children. Keywords: rent of the uterus, the surrogate mother, the legal status of children
| Item Type: | Thesis (Undergraduate) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 24 Nov 2017 02:15 |
| Last Modified: | 24 Nov 2017 02:15 |
| URI: | http://repository.unissula.ac.id/id/eprint/7518 |
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