Tinjauan Yuridis Terhadap Status Anak Yang Dilahirkan Melalui Surrogate Mother

Berlin, Mutia (2022) Tinjauan Yuridis Terhadap Status Anak Yang Dilahirkan Melalui Surrogate Mother. Other thesis, Universitas Islam Riau.

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Abstract

Surrogate mothering is an extension of the IVF method known as surrogacy. Surrogate mother or also known as. The surrogate mother is the person who binds the guarantee or agreement with the spouse and partner. In essence, surrogacy uncovers the seeds of partner and partner by tolerating impartiality. She is made a surrogate mother because the woman cannot get pregnant because something happened to her womb, so that the role of the woman is transferred to another woman to fulfill her function as a rolling agent or voluntary compensation. In this thesis research, there are several legal problems, namely as follows: First, what is the status of children born through surrogate mothers according to Islamic law. Second, what is the inheritance status of children born through surrogate mothers. In this research, the writer uses empirical sociological research (observation) with the aim of making facts and characteristics of certain populations or objects. The data and data sources that the author uses are secondary data, while the data collection techniques that the author uses are observation, interviews, and documentation. While the method of drawing conclusions that the author uses in this study is the deductive method, namely drawing conclusions from things that are general to specific. From the results of the research and discussion that the authors found, they are as follows: First, the status of children born through surrogate mothers is children who are categorized as children out of wedlock. Second, with respect to the inheritance status of children born through a rented womb, as in the Qur'an, it has been explained that the woman who has the right to become a mother is a woman who conceives and gives birth to the child because the blood and flesh of the child has already flowed from the mother whose womb was rented and His inheritance is only to the mother who gave birth to him.

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