Tren Surrogate Mother, Bolehkah di Indonesia?

Surrogate mother trend, is it possible in Indonesia?

With the rapid development of medical technology, couples who are experiencing fertility problems have several possible solutions to try.

In general, doctors will offer options for trying natural pregnancies, insemination to IVF, depending on the condition of the couple.

However, there are also methods that use another woman's womb to help married couples conceive. This method is known as a surrogate mother or surrogate mother. As for some celebrities who have tried surrogate mother to get offspring such as Kim Kardashian, Chrissy Teigen, Michael Jackson, Sarah Jessica Parker, Neil Patrick Harris, and also Jimmy Fallon.

But is this method legal in Indonesia?

To make it clearer, let's read the following article!

What is Surrogate Mother ?

Surrogate has the meaning of substitution where someone replaces the duties of another person. With that, a surrogate mother is someone who is pregnant and gives birth with the aim of giving the child to another person or other partner intentionally.

This surrogacy can be an alternative for women who do not have a uterus, abnormalities in the uterus, experience recurrent miscarriages, find it difficult to maintain a pregnancy to full term, have serious health problems, or have other contraindications for pregnancy. In addition, surrogacy can also be performed by men who do not have testicles or azoospermia, LGBT couples, or single adults who wish to have biological children.

In general, there are 2 types of surrogacy , namely:

  • Gestational
  • Traditional

  • The difference between them is that in the gestational type, the egg that has been fertilized by the partner by means of in vitro fertilization (IVF) will be inserted into the surrogate uterus . With that , the surrogate mother fulfills her role of "safeguarding" the fetus until delivery.

    Whereas in the traditional type, the eggs used are eggs from surrogate mothers so that pregnancy is obtained through intrauterine insemination (IUI) with sperm from the prospective father.

    A woman who wants to become a surrogate mother must meet certain criteria, including passing a fairly strict health screening.

    After going through the examination, the surrogate mother will take estrogen tablets starting from the 3rd day of the cycle for 10 days to thicken the uterus. After reaching a minimum of 8 mm, the surrogate mother will be given progesterone supplementation for 3 to 5 days before the planned blastocyst transfer.

    Once the pregnancy has been confirmed, the surrogate mother is given the option of staying at the surrogate's house or at her private home. The surrogate house is a place where all personal and medical needs are provided, such as obstetricians, nutritionists, physiotherapists and counselors. However, a surrogate mom can visit her private home.

    Social and Ethical Views of Surrogate Mothers

    There is a lot of debate regarding this surrogate mother , which can be viewed from an ethical, religious or religious, economic, social, and psychological perspective.

    From an ethical point of view, a woman has the right to her own body. But on the other hand, surrogacy raises concerns about exploitation because a woman is paid to get pregnant and give birth.

    This also raises ethical debates that question whether a child born to a surrogate mother may know the identities of the people involved in her conception and delivery.

    The practice of surrogacy can be done by relatives or families who want to help a couple have children, but there are also women who rent out their wombs with the aim of getting financial rewards. With that, this practice can exploit vulnerable economic circles.

    Then, from a religious perspective, the practice of surrogate mothers has not been accepted by Islam and Catholicism.

    The social stigma attached to the surrogate mother practice . This practice is still considered taboo and controversial. However, there are different views in society. Influencing factors include cultural factors as well as social norms that apply to each partner considering this option.

    From a psychological standpoint, of course there will be an emotional bond between the woman and the baby she is carrying. This will also affect the psychological condition of the women who become surrogate mothers . After completing the process, the surrogate mother will separate from the baby who has been entrusted.

    Not all Moms can go through this process easily. The psychological impact that must be faced is not only felt by the surrogate mother , but also by the biological parents.

    Biological parents may have concerns regarding their pregnancy and the birth of their baby. Forming a bond between biological parents and children through surrogate mom also has its challenges.

    Is it permissible to use a surrogate mother in Indonesia?

    Although a surrogate mother can be an option for couples who experience infertility, this practice has not yet been implemented in Indonesia. Attempts to get pregnant outside the natural way are regulated by Article 127 paragraph 1 of the Health Law and Law Number 36 of 2009, where surrogate mothers or renting a uterus are not permitted.

    Until now, examples of countries that allow the practice of surrogacy are America, Canada and India.

    However, each place has different rules. For example, most countries in South America do not allow this practice.

    Thus, we are aware of the complexities and challenges involved in the practice of surrogacy. 

    Until now surrogate mothers have not been allowed in Indonesia. However, there are other options available for couples who have difficulty having children naturally, such as pregnant programs by insemination to IVF.

    As for the option to adopt a child for those who are willing.

    See you in the next article!

    Written by: Dr. Florencia Adeline


    Patel, NH, Jadeja, YD, Bhadarka, HK, Patel, MN, Patel, NH, & Sodagar, NR (2018). Insight into Different Aspects of Surrogacy Practices. Journal of human reproductive sciences , 11 (3), 212–218.

    van den Akker OB (2007). Psychosocial aspects of surrogate motherhood. Human reproduction update , 13 (1), 53–62.

    Viveca Söderström-Anttila and others, Surrogacy: outcomes for surrogate mothers, children and the resulting families—a systematic review, Human Reproduction Update , Volume 22, Issue 2, March/April 2016, Pages 260–276,

    Dewi Judiasih, S., & Suparto Dajaan, S. (2017). Legal Aspects of Surrogate mother in the Perspective of Indonesian law. Bina Mulia Hukum Journal , 1 (2), 141–150.

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