Status and Civil Rights of Children Whose Biological Father Has Died Before The IVF Process

Abstract

Abstract. In the past, adoption was the only way that a married couple could have children. With the rapid development of science and technology, scientists have discovered a new way to produce humans in medical terms called In Vitro Fertilization or better known as test tube babies. In the implementation of the test tube baby program, there is a risk that humans cannot predict, namely death because a person's death is never known when and where death will come. In addition, in the test tube baby process, the sperm and egg cells that have been obtained do not have to be fertilized immediately, where the sperm and egg cells can be frozen and stored for months or even years. What if the test tube baby fertilization process is carried out when the biological father has died. Until now, there has been no specific regulation regarding the legal status of children from IVF who have just been processed after the death of the biological father in the Indonesian legal system, especially in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI). This study uses a normative legal method with a statutory and conceptual approach. Data sources were obtained through library research by analyzing primary, secondary, and tertiary legal materials. Data analysis was carried out prescriptively to provide legal arguments for the research results. This study aims to analyze the legal status and civil rights of children from IVF whose biological father has died, as well as to contribute to the development of more comprehensive regulations to provide legal certainty and protection for the interests of children. In Civil Law, a court decision will affect whether or not a test tube baby from a deceased husband's sperm can be done. If the court decision allows it and if the child is born alive, then the legal status of the child is a legitimate child. However, according to Islamic Law, the use ofThe sperm of a deceased husband is haram and the child's status is an illegitimate child and only has a civil relationship with his mother. Because the status between husband and wife from the implementation of IVF from the sperm of a deceased husband has changed. Husband and wife are considered as other people because their marriage bond has been broken even though it is still in the iddah period.

Keywords: Civil Right; Father's Death; Legal Status; Test Tube Babies.