Kedudukan Hukum dan Hak Waris Anak Hasil Donor Sperma Menurut Hukum Islam, KUH Perdata dan Hukum Adat

Abstract

The advancement of reproductive technologies, particularly artificial insemination through sperm donation, has raised new legal questions concerning the legal status of children born from such procedures. Within the Indonesian legal context, children born from sperm donation are not explicitly recognized in the prevailing legal systems namely, the Civil Code, Islamic law, or customary law. This legal vacuum results in ambiguity regarding the child's status, especially concerning inheritance rights and legal protection. This study aims to analyze and compare the legal status and inheritance rights of children born from sperm donation under Islamic law, the Indonesian Civil Code, and customary law, as well as to evaluate the forms of legal protection that should be afforded to such children. The research employs normative legal methods using statutory and comparative approaches. The findings indicate that neither Islamic law nor the Civil Code provides an adequate legal foundation for the recognition of children conceived via sperm donation. Islamic law recognizes lineage and inheritance rights only within the framework of a legitimate marriage. Meanwhile, the Civil Code categorizes children as legitimate, illegitimate, or adopted, without including donor-conceived children. Customary law demonstrates diverse approaches but generally bases recognition on the legitimacy of marriage. The absence of formal legal recognition for donor- conceived children results in the denial of inheritance rights and essential legal protections. This study concludes that there exists a significant legal gap that must be addressed through the formulation of new regulations accommodating advances in reproductive technology, while simultaneously ensuring legal protection and clarity of status for children born from sperm donation in Indonesia.