THE OPPORTUNITIES FOR SURROGACY LEGALIZATION BETWEEN THE RIGHT TO HAVE CHILDREN AND A LOOPHOLE OF TRAFFICKING

The phenomenon of producing surrogate mother facilities has been recognized in some countries, although Indonesia indirectly prohibits the practice. practice is also feared to be a new form human trafficking. Therefore, this study aims evaluate opportunities for surrogacy legalization regarding its perspectives between rights and loophole In study, three problems were formulated: (1) legal status children born from mother; (2) legality Indonesian law; (3) reform. This normative juridical that examines differences systems various countries regulation surrogacy. delivered through offspring mothers. They likely have relationship with their biological parents as adopted children. Asides these statuses, law did not support validity uterine lease agreement. was due inseparability influence religious cultural values, which opposed existence Women potential become victims exploitation, even though motherhood very harmful health. subsequently prioritized opportunity Various international instruments exist can used reference prohibit