The Practice of Surrogate Mothers in Health Law in Indonesia Implicitly according to Health Law No. 36 of 2009

Abstract

The juridical basis for administering IVF in Indonesia refers to Law Number 36 of 2009 concerning Health. In addition, the implementation of IVF also refers to Government Regulation Number 61 of 2014 concerning Reproductive Health. commercial or altruistic provisions for postnatal adoption for recognition as legal parents, either before or after delivery. Although laws differ between jurisdictions, a possible generalization is that historical law assumes that a woman who bears a child is the legal mother of that child, and the only way for other women to be recognized as mothers is through adoption. Article 40 paragraph (1) what is meant by "infertility" is a condition that occurs in a husband and/or wife who is unable to produce offspring after having regular sexual intercourse for 1 (one) year without contraceptive protection. Article paragraph (2) Assisted Reproduction or Pregnancy Outside the Natural Way is carried out by means of, among others, fertilization outside the human body (in vitro fertilization) or other technologies. In vitro fertilization, technology/fertilization outside the human body is a reproduction by bringing the ovum with sperm cells in the laboratory until fertilization occurs and the results of fertilization (embryo) are returned to the mother's womb to be allowed to develop into a fetus. What is meant by "embryo" is the further development of the result of fertilization of sperm and ovum until a blastocyst is formed.

Keywords: Surrogate Mother, Surrogacy, Reproduction