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Surrogacy in Indonesia: The comparative legality and Islamic perspective

Hervormde teologiese studies, 2023, Vol.79 (1), p.1-8 [Peer Reviewed Journal]

COPYRIGHT 2023 African Online Scientific Information Systems (Pty) Ltd t/a AOSIS ;2023. This work is published under https://creativecommons.org/licenses/by/4.0/ (the “License”). Notwithstanding the ProQuest Terms and Conditions, you may use this content in accordance with the terms of the License. ;This work is licensed under a Creative Commons Attribution 4.0 International License. ;ISSN: 0259-9422 ;ISSN: 2072-8050 ;EISSN: 2072-8050 ;DOI: 10.4102/hts.v79i1.8108

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  • Title:
    Surrogacy in Indonesia: The comparative legality and Islamic perspective
  • Author: Sujadmiko, Bayu ; Aji, Novindri ; Mulyani, Leni W. ; Al Rasyid, Syawalluddin ; Meutia, Intan F.
  • Subjects: Assisted reproductive technology ; Couples ; Gestational surrogacy ; Infertility ; Islam ; legality ; Pregnant women ; Religion ; Religious aspects ; Reproductive technologies ; Surrogate mother ; Surrogate mothers
  • Is Part Of: Hervormde teologiese studies, 2023, Vol.79 (1), p.1-8
  • Description: Reproductive health technology allows married couples who experience infertility to have a child through assisted reproductive technology (ART), such as the in vitro fertilisation (IVF) process. The transfer of the extracted embryo to the woman’s womb is called surrogacy technology (gestational surrogacy). The legality of the practice of surrogacy is still questionable, both on a national and international level. This research discussed the legality of surrogacy in some religious countries, focusing on Indonesia. This research used normative juridical research methods or literature review through a comparative religion-legal approach. This study indicated that most do not have a specific legal instrument regarding surrogacy practice. International law also does not have a standard legal instrument regarding the legality of surrogacy. Legality is determined by each religious country’s national laws and customs. For example, Indonesian law prohibits this practice implicitly under Law No. 36 of 2009 concerning health. The United Kingdom legalised surrogacy through the Surrogacy Agreement Act 1985, which was amended to the Human Fertilization and Embryology Act 2008, Greece through the Greek Legislation Law 3089/2002 and Law 3305/2005, and India through the 2019 Surrogacy Regulation Bill. Those countries have their limitations and characteristics that rule surrogacy. Surrogacy is indeed a technological advancement in the health sector. However, for countries that are influenced much by religion, technological advances sometimes conflict with the culture and the belief that has long been followed by most of the population. For Indonesia, the largest of Sunni Islam ruled surrogacy against the law. Next, Iran, as a Shia Islam country, ruled that surrogacy is a legal action.Contribution The research provided information and knowledge regarding the different settings of surrogacy practice. Most religious countries bravely rejected or put strict limits on the practice of surrogacy.
  • Publisher: Pretoria: AOSIS
  • Language: English;Portuguese;Afrikaans
  • Identifier: ISSN: 0259-9422
    ISSN: 2072-8050
    EISSN: 2072-8050
    DOI: 10.4102/hts.v79i1.8108
  • Source: SciELO
    AOSIS OpenJournals
    AUTh Library subscriptions: ProQuest Central
    African Journals Online (Open Access)
    Alma/SFX Local Collection
    DOAJ Directory of Open Access Journals
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