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Luthfia Rizky Amanda Tjoei; Vika Jeny Putri Anastasya

Jurnal Inovasi Riset Ilmu Kesehatan 2024 Pusat Riset dan Inovasi Nasional

This article discusses the advancement of reproductive technology, especially in vitro fertilization (IVF) and surrogate motherhood, and their legal, ethical, and religious implications. IVF and surrogate motherhood are technologies that offer solutions for couples facing infertility problems, but also pose major challenges in social and moral aspects. This article uses a descriptive approach to analyze various perspectives related to these practices, including the Islamic view that tends to allow IVF with certain conditions, but rejects surrogate motherhood. This study finds that although reproductive technology offers new hope, it is important to adjust regulations by considering legal, medical, and religious values ​​so that this technology can be applied wisely and humanely.

M. Rifky Syahmanda; Muhammad Wijdan Wiradibrata; Ghifari Muttaqien Dermawan Pramono

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Gestational surrogacy is a form of surrogacy in which a woman carries and gives birth to a child without any genetic relationship to the baby. In this process, the egg from the biological mother and the sperm from the biological father are combined through in vitro fertilization (IVF), and the resulting embryo is implanted into the surrogate mother's womb. After giving birth, the surrogate mother hands the baby over to the couple or individual who arranged the surrogacy, in exchange for financial compensation for her service. Although gestational surrogacy offers several benefits, this practice raises numerous questions from an Islamic perspective, such as its legality, the lineage of the child born, and the social and ethical impact it has on the Muslim community. This paper focuses on analyzing Islamic views on gestational surrogacy and the accompanying implications of Sharia law. The article employs a qualitative method with discussions covering the definition of surrogacy from an Islamic perspective, Sharia legal analysis of surrogacy practices, as well as the social and ethical impact that arises in the Muslim community.

Qintarawati, Alifia

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This research aims to find out about the protection of human rights and international human rights regarding the practice of Surrogate Mother and to find evidence that there are no legal provisions that can protect the human rights of all parties involved in this practice. This type of research is normative legal research. Through a legislative approach that applies in Indonesia. The results of this research show that the practice of renting a womb violates human rights. The practice of surrogacy or womb renting cannot be implemented in Indonesia because it is considered to violate the human rights of mothers who rent out their wombs to have offspring from a valid marriage in accordance with article 28 paragraph (1) of the 1945 Constitution. Apart from that, when an agreement is made, the agreement is not recognized or considered invalid because a woman's womb is not an object of an agreement. Apart from that, the unclear status of the children born can cause defects if inbreeding occurs. These legal findings show that there are no clear legal provisions that can protect the human rights of all parties involved, including children born as a result of this practice. The legality of renting a womb in international human rights helps married couples to have children. As a form of absolute right as a human right which is also regulated in international instruments including the UDHR and CEDAW.   This research aims to find out about the protection of human rights and international human rights regarding the practice of Surrogate Mother and to find evidence that there are no legal provisions that can protect the human rights of all parties involved in this practice. This type of research is normative legal research. Through a legislative approach that applies in Indonesia. The results of this research show that the practice of renting a womb violates human rights. The practice of surrogacy or womb renting cannot be implemented in Indonesia because it is considered to violate the human rights of mothers who rent out their wombs to have offspring from a valid marriage in accordance with article 28 paragraph (1) of the 1945 Constitution. Apart from that, when an agreement is made, the agreement is not recognized or considered invalid because a woman's womb is not an object of an agreement. Apart from that, the unclear status of the children born can cause defects if inbreeding occurs. These legal findings show that there are no clear legal provisions that can protect the human rights of all parties involved, including children born as a result of this practice. The legality of renting a womb in international human rights helps married couples to have children. As a form of absolute right as a human right which is also regulated in international instruments including the UDHR and CEDAW.