Surrogate Mother

A surrogate mother, also known as an ibu pengganti in Indonesian, is a method used by couples who are unable to conceive naturally to have children. This involves using another woman's uterus to carry the pregnancy. In short, a woman lends her womb to help a married couple have offspring. There are two types of surrogacy:

1. Traditional Surrogate 

Another woman undergoes artificial insemination with sperm from the husband. The biological mother of the baby is the woman who is pregnant and gives birth, while the biological father is the husband. After birth, the baby is handed over to both parents to raise together.

2. Gestational Surrogate

Also known as in vitro fertilization (IVF), where the mother's egg is fertilized by the father's sperm, and the embryo is then placed in another woman's uterus. The woman who is pregnant and gives birth does not have a blood relationship with the baby because her egg is not used.

Reasons for Using a Surrogate Mother

Some reasons why couples may need a surrogate mother are primarily due to fertility issues. Difficulties in getting pregnant can be caused by problems with the uterus, the absence of a uterus (removed), high-risk medical conditions (severe heart disease), or when several IVF attempts have been unsuccessful.

Legal Regulations of Surrogacy in Other Countries

In the United States, there is no federal law governing surrogacy, and each state has its own regulations. However, issues may arise, especially with traditional surrogacy, such as pre-birth orders to be recognized as parents on the birth certificate or non-biological parents having to go through an adoption process.

To become a surrogate mother, certain criteria generally apply (but are not limited to): age between 21-45 years, having had at least one uncomplicated full-term pregnancy, residing in a supportive environment, drug and alcohol-free, and passing a comprehensive health check.

Surrogacy Laws in Indonesia

The surrogate mother method is still rare in Indonesia and may not be well-known to the public. This is because the method is prohibited by Law No. 36 of 2009 concerning Health, Article 127. Indonesian law only regulates assisted reproductive technologies outside natural methods through in vitro fertilization.

Efforts for pregnancy outside natural methods can only be performed by a legally married couple, conducted by qualified and authorized healthcare professionals, and limited to specific healthcare facilities. Therefore, surrogate motherhood is considered illegal in Indonesia.

In summary, even though surrogacy is an alternative for a married couple to have children, this method is not allowed in Indonesia due to legal restrictions. The only non-natural method permitted is in vitro fertilization. What are your thoughts? Do you think surrogate motherhood should be allowed?

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