Tinjauan Yuridis Terhadap Kedudukan Anak Dari Hasil Sewa Rahim Menurut Kitab Undang-Undang Hukum Perdata Dan Kompilasi Hukum Islam

Abstract

This study aims to determine the share of the child's position from the proceeds of the Rahim lease which is regulated according to the Civil Code and the Compilation of Islamic Law as well as the validity of the agreement according to the applicable law in Indonesia in the uterine lease process. A woman who rents her womb to a married couple is referred to as Surrogate Mother with the agreement that the woman whose uterus is rented out gets a reward for it. This research method uses a type of normative legal research using a statutory approach.
The results of the study showed that the validity of the uterine lease agreement was invalid because it did not meet the legal conditions of the fourth Article 1320 of the Civil Code, namely "The existence of a lawful cause" made the agreement null and void. As for the first legal condition, namely mutual agreement and the second valid condition, the parties' skills can be fulfilled in the agreement. The agreement is invalid also because it is contrary to law, decency, and public order. For the status of the child born, namely an invalid child because the agreement in the lease of the uterus is also null and void / invalid automatically the status of the child born as a result of the lease of the uterus is also invalid because the special law overrides the general law (Lex Specialis Derogat Lex Generalis).

Keywords : Rahim/Surrogate Mother Rental, Agreement, and Child Status