Analisis Terhadap Hak Waris Anak Yang Dilahirkan Dari Perjanjian Inseminasi Buatan Melalui Sewa Rahim

Abstract

This study examines the inheritance rights of children born from artificial insemination agreements through uterine rental (a review according to Indonesian positive law and Islamic law). There are 2 (two) problem formulations, namely, first, how is the legal status of children born from artificial insemination agreements through uterine rental in terms of Indonesian positive law and Islamic law? Second, how is the inheritance rights of children born from artificial insemination agreements through uterine rental in terms of positive Indonesian law and Islamic law? This is a normative legal research, using a statutory approach. The results of this study conclude that first, if the status of the woman who rents her womb is a woman who is not in a marriage bond or does not have a husband, then the child born is considered a child out of wedlock which is a child who is considered to be born due to adultery. If the status of the woman who rents out her womb is a woman who is in a legal marriage or has a husband, then the child born is the legal child of this woman whose womb is rented with her husband. The legal status of a child born from artificial insemination through uterine rental according to Islamic law is that the child belongs to the pregnant mother. Second, if the parent who entrusted the seed wants to have the child, then what they should do is to adopt the child. The share of inheritance for adopted children according to civil law can be done by will for the appointment of an heir, or by a testamentary grant. According to Islamic law, adopted children are entitled to a maximum of 1/3 of the inheritance of the heir as a mandatory will, which has been regulated in the compilation of Islamic law.