*Mega Dewi Ambarwati -  Master’s Program in Law, Faculty of Law, Airlangga University, Indonesia
Ghina Azmita Kamila -  Master’s Program in Law, Faculty of Law, Airlangga University, Indonesia
Received: 3 Apr 2019; Published: 30 Sep 2019; Available online: 1 Oct 2019.
Open Access Copyright (c) 2019 Diponegoro Law Review
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Citation Format:

Nowadays, in marriage life, spouse often dealing with big problem as like infertility which make them unable to have offspring. However, due to infertility, the spouse has obtained some efforts to solve their problems. One way to solve the problem is by obtaining surrogacy with the help of surrogate mother. Nevertheless, in Indonesia, especially, surrogacy as well as surrogate mother is still considered to be taboo things and no legal system which regulate the surrogacy and/or surrogate mother. Yet other countries have allowed or legalize the surrogacy practice as well as surrogate mother. Hence, this study aimed to reveal a comparison of legal system on surrogate mother and surrogacy law in Indonesia and India. This study used comparative legal research methodology through the functional method since Indonesia has the same function over the purpose of law establishment on the surrogate mother in India. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field.

Surrogate Mother; Surrogacy; Legal Certainty; Indonesia; India

Article Metrics:

  1. Amelen, F. Kapita Selekta Hukum Kesehatan Cetakan 1. Jakarta: Grafika Tamajaya 1991.
  2. Anand, P. “Chambers of Ms Pinky Anand, Thomson Reuters Practical Law,” Page=true&bhcp=1
  3. Child Protection Law No. 23 year 2002.
  4. ___________. “Sewa Rahim di Indonesia dilakukan diam-diam”. Detik Health. Accessed Saturday, Jun 5, 2010.
  5. Health Act Law No. 36 year 2009.
  6. Hunter-Henin, M. Surrogacy: Is there Room for a New Library between the French Prohibitive Position and the English Ambivalence. England: Oxford University Press, 2008.
  7. Judiasih, S. D., and S. Dajaan. Aspek Hukum Surrogate Mother dalam Perspektif Hukum Indonesia. 2017.
  8. Kala, M., and N. Rao. “PRS Legislative Research “Issues for Consideration: The Surrogacy (regulation) Bill.” p. 1. Accessed November 22, 2016. Considerat...PDF
  9. La’bah, R.A. Surrogate Mother. Accessed January 13, 2012. surrogate-mother_550d49838133116d2cb1e211
  10. “Law and Policy on Surrogacy “A Socio Legal Study in India 2015” Chapter III.”
  11. Pande, A. Wombs in Labor Transnational Commercial Surrogacy in India. New York: Columbia University Press, 2014.
  12. Qaradhawi, Y., Status Hukum Anak Hasil Sewa Rahim, Fatwa-Fatwa Kontemporer Jilid 3. Jakarta: Gema Insani.
  13. Rachmadsyah, S. “Surrogate Mother (Ibu Pengganti) on hukumonlinedotcom.” Accessed August 9, 2010.
  14. Ratman, H. D. Surrogate Mother dalam Perspektif Etika dan Hukum: Bolehkah Sewa Rahim di Indonesia? Jakarta: Kompas Gramedia, 2012.
  15. Spivack, C. The Law of the Surrogate Motherhood in the United State. 58 AJCL. Oklahoma: Oklahoma City University School of Law, 2010.