PROBLEMS OF THE LEGAL POSITION OF INTEGRITY OF IVF CHILD RELATED TO THE DATA CERTIFICATE AND LAW NUMBER 1 YEAR 1974 JO LAW NUMBER 16 YEAR 2019 ON MARRIAGE AND ISLAMIC LAW

ABSTRACT: Advances in medical technology have provided a solution for married couples who are difficult tohave offspring or children, namely through the IVF process or artificial insemination. The implementation ofIVF or artificial insemination can be done using husband and wife seeds, donor sperm, and husband and wifeseeds implanted into other women (surrogate mothers). But on the other hand, that there are problems regardingthe position of the child resulting from the IVF process, so it is interesting to analyze the legal position of IVF inmarriage according to the Civil Code and Law Number 1 of 1974 in conjunction with Law no. 16 of 2019concerning Marriage and Islamic Law and the inheritance rights of IVF children according to the Civil Code andLaw Number 1 of 1974 in conjunction with Law No. 16 of 2019 concerning Marriage and Islamic Law.Thespecification of this study is descriptive, normative juridical research, law approach method. The technique ofcollecting data through document study, as well as analysis is done qualitatively normatively.Based on theresults of the analysis of the first research problem, it was concluded that the legal position of IVF in marriageaccording to the Civil Code and Law Number 1 of 1974 Law Number 16 of 2019 concerning Marriage andIslamic Law, that children from IVF who use IVF the seed of a legal husband and wife through a marriage is alegitimate child. A child resulting from IVF who uses donor sperm according to Islamic law is an illegitimatechild (zinah). The Civil Code divides the legal status of children from IVF using donor sperm into two, namelyas legitimate children through confession and adultery, while children from IVF whose seeds are from husbandand wife but are deposited in the womb of another woman, then the child’s status according to the Civil Codeand Islamic Law as an illegitimate child. Inheritance rights of IVF children according to the Civil Code and LawNo. 1/1974 in conjunction with Law No. 16 of 2019 concerning Marriage and Islamic Law, namely the right toinherit children born through IVF process using the husband’s sperm, the position of this type of child is said tobe a legitimate child and can be equated with biological children who are entitled to inherit if their parentsdie.Whereas according to Islamic law, IVF children are entitled to the inheritance of their mother’s father’sproperty, if the seeds used come from both parents who have been bound in a marriage, but if there are foreignelements (seeds and places of reproduction) in the process of fertilization, then the inheritance rights are canonly be connected to the mother and her mother’s family.

Keywords: Vitro Fertilization, inheritance rights and legal standing