REVIEW OF THEORY

“SURROGATE MOTHER”

A. Definition
Surrogate mother is an agreement between a woman who ties herself
through an agreement with another party (husband and wife) to become
pregnant with the result of conception of the husband and wife implanted in
her womb, and after giving birth to the husband and wife based on the
agreement made.
According to Ali ‘Arif, in his book al-'Ummu al-Badlilah (ar-Rahmu
al-Musta'jirah) as quoted by Radin Seri Nabahah bt. Ahmad Zabidi, renting
the uterus is using another woman's uterus to contain a female seed (ovum)
that has been fertilized with male seeds (sperm), and the fetus is conceived by
the woman until birth. Then the child is given back to the couple to take care
of him and the child is considered their child from the point of law.

B. Why is the Surrogate Mother

The factors that cause a married couple to do a Surrogate mother are:
1. The wife has a serious illness and cannot conceive for nine months.
2. The egg cannot be produced again by the wife.
3. Husband's sperm is problematic, not qualified or very few in number.

C. Scientific Value
The development of science and technology has an effect on the way
humans develop their offspring, so that if we pay attention now there are two
ways that humans obtain offspring. First, it is done through direct relations
between the opposite sex. Second, it can be done by using technology in the
form of artificial insemination. Science and technology are now very
sophisticated, but very little attention is given to the study of ethical issues.
IVF technology and uterine rental are embryo preservative
technologies. The union of sperm with eggs outside the body can be followed
by preservation of the embryo in the laboratory for various reasons. When the
time comes, the embryo is transferred to the womb of a woman who will
conceive and give birth, and the woman can be a woman who really wants to
have children, also a woman who can only rent her womb. By itself this
technology has a problem as well, like other technologies, at least potentially.
The various complications at the beginning showed that various
ethical, moral, social and legal problems involved with uterine rental
technology, both actual and potential, were heavier, more numerous, and
more varied than artificial insemination and IVF technology.
Knowledge and abilities that have been mastered by humans in
various reproductive technologies at the outset, namely artificial
insemination, IVF and renting the uterus have not tampered with the micro
elements of the reproductive process such as the nucleus and smaller
structures such as chromosomes and genes that are the most basic elements
that determine the existence of living things. The act of tampering with the
most basic elements is often labeled as interfering with divine work or work.
Various factors such as the rapid development of technology with
the development of a variety of microscopes with very large magnitude, the
creation of a variety of highly sophisticated precision micro instruments for
microscopic work, knowledge that is increasingly developing and more
specific about genes and chromosomes is the availability of various materials
that are more suitable to support life in outside the body greatly fosters
microscopic level reproduction technology such as cloning and genetic
engineering. Both of these technologies allow scientists to tamper with the
micro elements of the reproductive process which are the most fundamental
elements of the existence, existence, characteristics and characteristics of
living things. Microscopic reproduction technology usually starts in the
simplest creatures, then goes on to more complex creatures.
D. Risk
The practice of renting the uterus is prohibited in many countries,
one of which is because it has a psychological impact on children and
surrogate mothers. Children born by this practice may find it difficult to
accept an explanation of their origin or vice versa, parents who have difficulty
explaining this to their children. Not only a risk for children, the negative
psychological impact also attacks the surrogate mother.
In some cases, their marital relationship also becomes worse. One of
the surrogate mothers who became respondents said that her sexual
relationship with her husband was problematic. The husband imagines the
baby in his wife's stomach is another person's child. They are also confused
about explaining the problem of pregnancy and the baby's family line with
their biological children, relatives, and other friends.
Although these women (surrogate) already know the risks that must
be faced, do not rule out the possibility of anxiety related to complications
during and after pregnancy also haunts. Moreover, surrogate mothers also
sometimes feel uncomfortable to keep asking their tenants for money. On the
other hand, the husband does not want to bear the costs of the fetus which is
not the blood of the flesh.

E. Benefits
In the last two decades the progress of science and technology in the
field of human reproduction has been so rapid, that there are various ways of
implementing pregnancy efforts outside the natural way, called "Artificial
Reproductive Technology" (TRB) and in the Health Act called natural
pregnancy outside. This is done as a last resort for the treatment of infertile
couples, helping couples who have reproductive disorders, especially for
women who experience serious problems in their reproductive organs that
make it impossible for them to get pregnant or their pregnancies can endanger
the fetus or mother. This condition is usually caused by a diseased uterus /
 uterus, cancer, disability or no uterus because it has been removed during
surgery.

F. Award for Surrogate Mother

Women before becoming Surrogate Mother are certain to have an
agreement with parents of prospective babies, in some countries such as the
United States, India, Thailand, Russia that legalize surrogate mothers, the
rewards received by mothers in the form of substitute rental services.
Surrogate mothers get paid $ 45,000 in 10 months, if they have twins, there is
an additional $ 5,000 for each child and multiples apply if triplets and so on,
if the surrogate gets a problem or loses reproductive organs then gets an extra
$ 4000, and if parents use services agency to look for a surrogate mother then
there is an additional fee of $ 68,850.

G. Surrogate Mother's advantage for a country

Although it is still controversial, some countries legalize surrogate
services. According to Australian sociologist Catherine Waldby from the
University of Sydney, in India, the services of surrogate mothers have
provided state income every year of around 4 trillion rupiah. Women in India
rent their wombs to improve the family economy, so the Indian government
has legalized the rent of the womb by making a kind of association to rent the
womb. Even the Indian government also makes special visas or medical visas
to facilitate people who come for the purpose of renting the womb.

H. Procedure of Surrogate Mother

There are 2 main types of surrogate mother :
1. Gestational Surrogate
In this type of surrogation the fetus contained by Surrogate Mother comes
from the wife's egg cell and husband's sperm cell. The results of
fertilization or embryos transferred into the Surrogate Mother's womb are
 produced from In Vitro Fertilization or IVF. Children born later do not
have a genetic relationship with Suroogate Mother.
2. Traditional Surrogate
In fact, this type of Surrogate Mother usually has a contribution to donate
eggs. Surrogate Mother egg cells will be fertilized by the husband's sperm
cells from the couple. Children born later have a genetic relationship with
Surrogate Mother.

I. Legal aspects of Surrogate Mother

Surrogate mother has become another alternative for some couples
who have not or cannot have offspring through IVF methods, namely the rent
of the womb of another woman who is not his wife. Rent Rahim is also an
agreement so that everything is regulated in the Civil Code. The definition of
the agreement in article 1313 of the Civil Code states that "An act by which
one or more ties itself to one or more other people". Whereas in Article 1548
of the Civil Code states that: "Leasing is an agreement by which one party
ties himself to the other party for the enjoyment of an item, for a certain
period of time and with the payment of a price, and the latter is agreed upon".
In Article 127 paragraph (1) Law Number 36 Year 2009 concerning
Health (Law on Health) stipulates that pregnancy efforts outside natural
means can only be carried out by a legitimate husband and wife provided that:
1. The results of sperm and ovum fertilization from the husband and wife
concerned are implanted in the womb of the wife from where the ovum
originates.
2. Performed by health workers who have the expertise and authority for it.
3. At certain health care facilities.
This is also confirmed in article 10 paragraph (1) of Law No. 39 of
1999 concerning Human Rights, namely "Every person has the right to form a
family and to continue descent through a legal marriage" which implies that
the effort to continue the descent is required through a legal marriage. The
various provisions of the invitation law above have explained that surrogate
mother's medical actions should not be normative as long as they are not
bound by a legitimate marriage. This conception explains that an act that is
justified by a law, if it is done is a violation of law that can be subject to a
sanction, either in the form of either administrative sanctions or criminal
sanctions if the act fulfills the elements of offense.
 REFERENCE

Cunningham, T. V., Scheunemann, L. P., Arnold, R. M., & White, D. (2018).

How do clinicians prepare family members for the role of surrogate
decision-maker?. Journal of medical ethics, 44 (1), 21-26.

Pande Amrita. 2010. Commercial Surrogacy in India : Manufacturing a Perfect

Mother Worker. Journal Of Women in Culture and Society. Vol. 35. No. 4.

Saxena, Pikee, Mishra, Archana, Sonia, Malik. 2012. Surrogacy : ethical and
legal issues. Indian Journal of Community Medicine. 37(4):211-213.

Scheunemann, L. P., Cunningham, T. V., Arnold, R. M., Buddadhumaruk, P., &

White, D. B. (2015). How clinicians discuss critically ill patients’
preferences and values with surrogates: an empirical analysis. Critical care
medicine, 43(4), 757.

Sunstein Cass R. 2012. Neutrality in Constitutional Law (With Special Reference

to Pornography, Pbortion, and Surrogacy). Journal Articles Columbia Law
Review. Vol.92.No. 1. Http://Chicagoinvoice.uchicago.edu/journal_articles
 REVIEW OF LITERATURE

Surrogate Mother

1. Religion of Law
2. Civil of Law
3. Criminal of Law
4. Cultural of Law

1. Scripture
2. Constitution

How does the Surrogate Mother Legal consequences for children

according to law and ethics born through surrogate mother