Juridical Review of the Legal Status of Children Born Through Womb Renting in Indonesia

Womb rental is a method of obtaining offspring by using another woman's womb to contain an embryo derived from the egg and sperm of a married couple. After the child is born, it will be handed back to the married couple who owns the embryo. The implementation of uterine leasing is prohibited in Indonesia because it is contrary to applicabl’e laws and regu’lations and contrary to religious norms. This st’udy aims to determine the legal status of children born through uterine leasing based on positive law in In’donesia. This researc’h uses norm’ative legal resea’rch. Based on the res’ults of the stu’dy, if the st’atus of the surro’gate mother is a g’irl or widow, th’en the child is an unmarried ch’ild, where children born out’side of marria’ge only have a ci’vil relation’ship with their moth’er and th’eir mother's fam’ily. If the s’tatus of the surr’ogate mother is bou’nd by a legal marriag’e (has a husb’and), then the ch’ild born is the legiti’mate child of the su’rrogate mother and her hu’sband.

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Publication Details

Journal
Journal of Legal and Cultural Analytics
Published
2025-02-13
DOI
https://doi.org/10.55927/jlca.v4i1.13703
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

Juridical Review of the Legal Status of Children Born Through Womb Renting in Indonesia

Roida Nababan, Martono Anggusti, Marnipera Ngerika Sihombing
Journal of Legal and Cultural Analytics
Indonesian Legal and Regulatory Studies
article

Juridical Review of the Legal Status of Children Born Through Womb Renting in Indonesia

Roida Nababan, Martono Anggusti, Marnipera Ngerika Sihombing
article en

Abstract

Womb rental is a method of obtaining offspring by using another woman's womb to contain an embryo derived from the egg and sperm of a married couple. After the child is born, it will be handed back to the married couple who owns the embryo. The implementation of uterine leasing is prohibited in Indonesia because it is contrary to applicabl’e laws and regu’lations and contrary to religious norms. This st’udy aims to determine the legal status of children born through uterine leasing based on positive law in In’donesia. This researc’h uses norm’ative legal resea’rch. Based on the res’ults of the stu’dy, if the st’atus of the surro’gate mother is a g’irl or widow, th’en the child is an unmarried ch’ild, where children born out’side of marria’ge only have a ci’vil relation’ship with their moth’er and th’eir mother's fam’ily. If the s’tatus of the surr’ogate mother is bou’nd by a legal marriag’e (has a husb’and), then the ch’ild born is the legiti’mate child of the su’rrogate mother and her hu’sband.

Journal of Legal and Cultural AnalyticsVol. 4(1)
University of HKBP Nommensen (ID)
Openalex Percentile: Top 95%
Indonesian Legal and Regulatory Studies
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Juridical Review of the Legal Status of Children Born Through Womb Renting in Indonesia — Roida Nababan, Martono Anggusti, et al. · Journal of Legal and Cultural Analytics (2025) | TGRS Research Map | TGRS