Children Resulting from Insemination Through the Surrogate Mother Process (Substitute Mother) and Their Instruction Rights Islamic Law Perspective

¹ Departmen Pancasila and Civic Education, Universitas Negeri Makassar
² Departmen Pancasila and Civic Education, Universitas Negeri Makassar
³ Departmen Pancasila and Civic Education, Universitas Negeri Makassar
⁴ Departmen Sharia and Islamic Law Universitas Islam Negeri

^* Corresponding author: muh.sudirman@unm.ac.id

Abstract

This study analyzes the status of children resulting from insemination through the Surrogate Mother process and their inheritance rights, the main issues are divided into several sub-problems, namely; What is the general description of insemination, the status of children resulting from insemination through this process in Islamic law, and the inheritance rights of children resulting from insemination through this process in Islamic law. The research method used is a syar'i and juridical approach. This research is library research, which is research carried out using literature such as books, fiqh, laws, notes and journals. The results of this study are that insemination is a process of fertilization of an egg cell by a sperm cell outside the woman's body, in Indonesia Surrogate Mother is contrary to Islamic law which is where Surrogate Mother is considered haram as stated in the MUI decision Number: Kep-952/MUI/XI/ 1990 on Insemination. It is very clear that the results of the ijtihad prohibit the use of the Insemination technique using the Surrogate Mother process. Thus, it is clear that the status of a child born to a surrogate mother is said to be an adulterous child, so that a child born from the use of a Surrogate Mother who is a girl or a widow will only inherit to the mother who gave birth to it, not to the spouse who owns the seed.