Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia

Research Article

Arrangements for Gestational Surrogacy Based on Health Laws in Indonesia Are Reviewed Based on the Principles of Benefit and Legal Protection

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  • @INPROCEEDINGS{10.4108/eai.6-5-2023.2333473,
        author={Irfan  Rahmatullah and Azis  Budianto and Rineke  Sara},
        title={Arrangements for Gestational Surrogacy Based on Health Laws in Indonesia Are Reviewed Based on the Principles of Benefit and Legal Protection},
        proceedings={Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2023},
        month={7},
        keywords={gestational surrogacy; traditional surrogacy; health act},
        doi={10.4108/eai.6-5-2023.2333473}
    }
    
  • Irfan Rahmatullah
    Azis Budianto
    Rineke Sara
    Year: 2023
    Arrangements for Gestational Surrogacy Based on Health Laws in Indonesia Are Reviewed Based on the Principles of Benefit and Legal Protection
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-5-2023.2333473
Irfan Rahmatullah1,*, Azis Budianto1, Rineke Sara1
  • 1: Universitas Borobudur, Indonesia
*Contact email: irfanspog@gmail.com

Abstract

Technological developments are predicted to be able to overcome infertility problems, one of which is by means of gestational surrogacy. Whereas Article 127 (1) of the Health Law does not legalize the practice of gestational surrogacy in Indonesia. Even though gestational surrogacy has been legalized in various countries such as the United States and the United Kingdom because it has many benefits. Moreover, there are illegal practices that can endanger the safety of surrogate mothers. The formulation of the research is the difference between gestational surrogacy and traditional surrogacy and the arrangements for gestational surrogacy based on the Health Law in Indonesia in terms of the principle of benefit and legal protection.