KEDUDUKAN ANAK HASIL SURROGATE MOTHER DAN HAK WARIS BERDASARKAN MASLAHAH MURSALAH

Abstract

The rapid development of assisted reproductive technology has introduced complex legal issues concerning the status of children born through surrogate motherhood, particularly regarding lineage and inheritance rights. Although surrogate motherhood is prohibited under Indonesian positive law and Islamic law, the legal consequences for children born through this practice remain uncertain, creating challenges in determining civil relationships and inheritance entitlement. This study aims to examine the legal status of children born through surrogate motherhood and to analyze their inheritance rights based on the principle of maslahah mursalah. This research employs a normative legal method using statutory, conceptual, and comparative approaches. Primary legal materials consist of Indonesian legislation, the Civil Code, the Compilation of Islamic Law, and relevant fatwas, while secondary materials include legal literature and scholarly journals. The findings indicate that surrogate motherhood has no legal recognition in Indonesia and generates uncertainty regarding the determination of parentage. Through the maslahah mursalah approach, legal protection should prioritize the objectives of Islamic law by preserving lineage (hifz al-nasl) while ensuring legal certainty and safeguarding the civil and inheritance rights of the child. This approach offers a balanced legal framework that upholds public welfare without legitimizing the practice of surrogate motherhood.