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TINJAUAN HUKUM TERHADAP IN VITRO FERTILIZATION (IVF) MELALUI SURROGATE MOTHER MENURUT HUKUM DI INDONESIA DAN IRAN
Assisted reproductive technology such as In Vitro Fertilization (IVF) has become a solution for some couples who experience infertility problems. One form of IVF that has caused controversy is the use of surrogate mothers, especially related to the legal status of children, custody, and the validity of contracts between the parties involved. A number of Muslim countries, including Indonesia, prohibit the practice of surrogate mothers. However, Iran as one of the Islamic countries actually legalized the practice. Based on this, this study aims to examine and compare legal provisions or rules regarding the practice of surrogate mothers in Indonesia and Iran. This research is focused on the aspect of legal provisions, with the aim of analyzing the comparison of the laws that govern the practice of surrogate mothers between Indonesia and Iran. In Indonesia, this practice is prohibited based on the Health Law, Government Regulations, and fatwa of the Indonesian Ulema Council (MUI) which affirms that the practice is contrary to the principles of nasab and the sanctity of marriage. In contrast, Iran legalized the practice of surrogacy on the basis of a fatwa from Shia clerics, which was supported by provisions in the Civil Code and the Act Concerning Embryo Donation to Infertile Couples of 2003. This research uses a qualitative method with a type of library research and a normative-juridical approach. The primary sources of legal material in this study include the text of laws and regulations, government regulations, and ministerial regulations. The secondary legal material consists of books and scientific articles related to IVF and surrogate practices. The results of the study show that Indonesia prohibits the practice of surrogate mothers based on laws and regulations in the health sector and the fatwa of the Indonesian Ulema Council which rejects the practice because it is considered to violate the principles of nasab and the sanctity of marriage. Meanwhile, Iran legalized the practice through national regulations, such as the Act Concerning Embryo Donation to Infertile Couples in 2003, and received legitimacy from the fatwa of Shia clerics. The similarities between Indonesia and Iran lie in both making Islamic teachings the basis for ethical and legal considerations in the issue of reproduction. The difference lies in the structure of religious authority and the state's approach to ijtihad. Indonesia tends to take a conservative and restrictive stance, while Iran provides legal space for the practice of surrogacy through the ijtihad of ulama institutionalized in national law.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103060023 Rahmawati Septiana Asyhari
TINJAUAN HUKUM TERHADAP IN VITRO FERTILIZATION (IVF) MELALUI SURROGATE MOTHER MENURUT HUKUM DI INDONESIA DAN IRAN (Text)
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