A controversial bill on family resilience recently proposed by members of the House of Representatives is expected to cause controversy as it contains a number of provisions that strictly prohibit and criminalize sperm donation and surrogacy.
Article 31 of the draft bill, a copy of which was obtained by The Jakarta Post, stipulates that no one may sell or purchase sperm or egg cells, voluntarily donate sperm or egg cells, or accept sperm or egg cells independently or through institutional intermediaries for the purpose of conceiving offspring.
As stipulated in Article 139, anyone found to have been involved in sperm donation or surrogacy will face a Rp 500 million (US$36,531) fine and five years’ imprisonment.
Meanwhile, Article 140 stipulates that anyone found to have coerced others into or facilitated others in selling or purchasing sperm or egg cells, donating sperm or egg cells or accepting sperm or egg cells for the purpose of conceiving offspring will face a Rp 500 million fine and seven years’ imprisonment.
Surrogacy, where a woman lends her womb to carry the baby of another couple, has no legal basis in Indonesia.
According to Article 127 of the 2009 Health Law, in vitro fertilization is permitted; however, it can be conducted only by a married couple. Hence, surrogacy is illegal.
By logical extension, a child born in a surrogacy arrangement would technically belong to his or her surrogate mother, rather than to the couple paying for the service.