Kedudukan Hukum dan Hak Waris Anak Hasil Bayi Tabung dengan Sewa Rahim dalam Perspektif Hukum Perdata Indonesia

Abstract

The advancement of assisted reproductive technology, particularly in vitro fertilization using surrogacy services, has brought significant legal implications in the fields of family law and inheritance law in Indonesia. This study aims to analyze the legal status of children born through IVF with surrogacy and its implications on inheritance rights from the perspective of Indonesian civil law. Using a normative juridical method with statutory and literature review approaches, this research focuses on legal interpretation and analysis of existing legal provisions. The findings reveal that Indonesian civil law currently lacks specific regulations addressing the legal status of children born through surrogacy, resulting in legal uncertainty concerning parental recognition and inheritance rights. This situation poses a risk of depriving children of their rightful inheritance from their biological parents, despite their genetic legitimacy as heirs. Therefore, clear and comprehensive regulations are necessary to ensure legal certainty and protection of the rights of children born via IVF with surrogacy. Such regulations are expected to accommodate the development of reproductive technology and uphold the principles of child protection within Indonesia's national legal system as a state of law committed to human rights.