Human Rights Law Analysis On The Practice Of Surrogacy In Indonesia
Abstract
Surrogacy is an attempt to get child outside the natural way that has not
been regulated in Indonesian law. But many married couples in Indonesia
carry out surrogacy in secret. This is certainly a problem and debate here
because surrogacy carried out in Indonesia cannot be carried out because of
an agreement to ensure continuity in surrogacy. However, continuing
offspring is a Human Right as well as forming a family, this has been
regulated in our constitution and internationally. This research was
conducted by empirical juridical method. The results of the study concluded
that the absence of clear rules regarding surrogacy created conflicts and
legal vacuums. Relevant laws such as the Health Law are in conflict with
the constitution and Human Rights Laws regarding the right to continue
offspring.
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