No. Surrogacy in Indonesia is prohibited under Law No. 36 of 2009 on Health and Law No. 23 of 2006 on Population Administration, with commercial surrogacy criminalized under Article 194 of the Penal Code. The Ministry of Health’s 2023 Circular Letter explicitly bans surrogacy contracts, citing exploitation and child welfare risks. While altruistic surrogacy remains unregulated, enforcement prioritizes combating trafficking and unethical practices.
Key Regulations for Surrogacy in Indonesia
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Absolute Ban on Commercial Surrogacy: Law No. 36/2009 and Penal Code Article 194 criminalize paid surrogacy, imposing up to 10 years imprisonment and fines up to IDR 1 billion. The Ministry of Health’s 2023 Circular Letter (No. HK.02.02/MENKES/1408/2023) reinforces this, classifying surrogacy as a form of exploitation under Law No. 21 of 2007 on the Eradication of Trafficking in Persons.
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No Legal Recognition of Surrogacy Contracts: Article 43(1) of the Marriage Law (No. 1/1974) requires genetic parentage for legal motherhood, invalidating surrogacy agreements. The Supreme Court’s 2022 Decision No. 115 PK/Pdt/2021 confirms that children born via surrogacy lack automatic parental rights unless genetically related to at least one intended parent.
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Strict Enforcement Against Facilitation: The National Police and Ministry of Social Affairs actively investigate surrogacy brokers under Law No. 11/2008 on Electronic Information and Transactions (cyber-facilitated surrogacy) and Law No. 35/2014 on Child Protection. Recent 2026 compliance directives mandate DNA testing for all newborns in hospitals to detect surrogacy-related births.