Hak Waris Bayi Tabung Atas Harta Orang Tuanya Ditinjau Dari Undang-Undang Perkawinan Dan Kitab Undang-Undang Hukum Perdata

Abstract

This study aims to determine the status of a baby born from fertilization in the tube and inheritance rights to the assets of both parents according to Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage and the Civil Code (BW).The research method used is normative legal research, namely research based on library research in order to obtain secondary data and field research to obtain primary data by conducting interviews with experts in accordance with their fields in the object of research. Thus, this legal research relies on secondary data as das sollen and primary data as das sein. In determining the status of a born baby, the Law, especially Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage and BW does not question the origin of the seed, but looks at a woman who gives birth to a baby and whether or not there is a legal marriage bond (relationship) between a man and a woman causing the birth of the baby. A baby resulting from the process of fertilization in a tube and artificial insemination produces a legal child, if they (male and female) are bound by a legal marriage, so that the baby is the result of and or in a legal marriage relationship.

Keywords : Inheritance Rights of IVF, Marriage Law, Civil Code.