Inheritance Rights of Children Leased by Womb in Civil Law Perspective

Abstract

This study aims to determine the legitimacy of children born due to renting a uterus according to civil law and the legal basis for inheritance rights for children born as a result of renting a uterus according to civil law. This study uses a type of normative legal research. Using a statutory approach (statute approach), the types and sources of legal materials use primary, secondary, and tertiary legal materials. Analysis of legal materials uses deductive logical reasoning, which is studied from a qualitative perspective. The results showed that children born through uterine rent are considered born out of wedlock because obtaining offspring utilizing artificial reproduction is only permitted by IVF medical treatment. The inheritance rights of a child born from the rental of the uterus are considered not entitled to inherit from the father as the heir because the legal basis is Pasal 852 KUHPerdata. However, to protect the child's soul, the father, as the heir, can provide his wealth employing a mandatory testament with the distribution of assets as much as 1/3 of the heir's inheritance following 209 ayat 2 Kompilasi Hukum Islam, where the status of orphans and children born out of wedlock are equally the same is not a relative of the heir by assuming orphans and children born out of wedlock.