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.