Tinjauan Yuridis Terhadap Keabsahan Perjanjian Sewa Rahim (surrogate Mother) Ditinjau Dari Perspektif Hukum Perdata di Kota Pekanbaru

Ramadhani, Desty (2024) Tinjauan Yuridis Terhadap Keabsahan Perjanjian Sewa Rahim (surrogate Mother) Ditinjau Dari Perspektif Hukum Perdata di Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Surrogate Mother is an extension of the IVF method known as a womb rental agreement (Surrogacy). Surrogate Mother or what is also called a surrogate mother is a person who binds a guarantee or agreement with a partner. Basically, a Surrogate Mother is a woman who is ready to get pregnant, give birth and hand over the baby she gives birth to to the husband and wife who own the seed. This is usually agreed upon with an agreement. Regarding this thesis research, there are several legal issues, namely as follows: first, what is the validity of the surrogate mother agreement from a civil law perspective in Pekanbaru City. Second, what is the legal status of children born through a surrogate mother agreement in Pekanbaru City. Researchers use this type of empirical sociological research to examine facts and characteristics of populations or objects. Researchers use secondary data and use data collection techniques such as observation, interviews, documentation and data analysis. In this research, researchers used a deductive approach, which means drawing conclusions from general to specific things. From the results of the research and discussion, what the researchers found was as follows: First, the agreement is invalid because based on the fourth condition for the validity of an agreement, Article 1320 of the Civil Code, namely because "there is a lawful cause" which makes the agreement null and void. Second, the status of the child being born means that the child is the child of the surrogate mother who conceived and gave birth to him. Also looking at the status of the surrogate mother, if the surrogate mother is a widow, the child is an illegitimate child. And if the surrogate mother is legally married, the child is the legitimate child of the surrogate mother and her husband.

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