TINJAUAN YURIDIS TERHADAP ORANG TUA PESERTA PROGRAM BAYI TABUNG DENGAN PERJANJIAN SEWA RAHIM

Riberu, Yohanes Geraldo (2023) TINJAUAN YURIDIS TERHADAP ORANG TUA PESERTA PROGRAM BAYI TABUNG DENGAN PERJANJIAN SEWA RAHIM. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

In accordance with Law Number 1 of 1974. Marriage as the basis for the formation of a family plays a very important role, it cannot be denied that sometimes every parent who is already bound by marriage experiences various kinds of obstacles, one of which is to continue offspring due to health factors. The medical world with the development of increasingly advanced times has found another way, namely by conducting agrement programs, namely seeds must come from both legal spouses. Husband and wife who have been legally bound by marriage certainly want them to be able to have offspring that are in accordance with their genetics. Until now, the Indonesian state does not have special rules governing uterine leasing so that indirectly the agreement that occurs between the two parties is based on the validity of the agreement in accordance with Article 1320 of the Civil Code. This research was conducted with juridical normative research method. The problems in this study 1. what are the legal consequences for parents of IVF programs with uterine rent? 2. What is the status of children born from surrogate mothers. The conclusion from the results of the research that has been done is that the rental of the uterus in relation to IVF parents cannot be equated with the validity of the agreement in general because it does not meet the objective requirements, besides that the rights and obligations that occur between the two are also different as regulated in the Civil Code and the uterus has become a unity that exists in the subject of law so that it cannot be separated into the object of the agreement. The status of children born from surrogate mothers is seen again on the status of the mother if it is bound to a legal marriage then the child is a legitimate child of the surrogate mother's partner, but if not bound by marriage then the child is an unmarried child. For this reason, as the parent who owns the seed who entrusts the seed to the surrogate mother, the way that can be done is by adopting the child.

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