Assisted reproduction
Assisted reproduction (reproduksi dengan bantuan) is regulated by arts. 57 and 58 of the Health Law of 8 August 2023 and arts. 111 to 113 of Government Regulation No. 28 of 2024, enacted on 26 July 2024. It is treated as one of four kinds of reproductive health effort, next to care across the life cycle, pregnancy planning and sexual health (Regulation, art. 100). No separate statute on in vitro fertilisation was found among the sources opened.
Article 58 of the Health Law allows assisted reproduction only for a lawful married couple, on three conditions: the product of fertilisation of the spouses' own sperm and egg is implanted in the womb of the wife from whom the egg came; the procedure is carried out by medical personnel with the expertise and authority; and it takes place at designated health facilities. Art. 57(2) adds that reproductive health services may not contradict religious values or the law. The Regulation repeats these rules and adds that the couple must have been medically found infertile (art. 111(1)), that the procedure must follow scientific and technological developments and not conflict with religious norms (art. 111(3)) and that it must be done by qualified medical personnel (art. 111(4)).
The Regulation bans using assisted reproduction to choose a child's sex, except to avoid a sex-linked genetic disease (art. 111(5)). Where a cycle leaves surplus embryos, the embryos not implanted must be stored until the baby is born; storage can be extended at the couple's wish for a later pregnancy, and if the couple does not extend it the facility must destroy the surplus embryos (art. 112(1), (2) and (4)). Surplus embryos may not be implanted in the mother's womb if the embryo's father has died or the couple has divorced, nor in another woman's womb (art. 112(3)).
A medical practitioner, health worker or facility that breaks art. 112(3) or (4) faces administrative sanctions from the Minister, the governor or the regent or mayor: a written warning, an administrative fine and/or withdrawal of the business licence (art. 112(5)). Services may be offered only at facilities designated by the Minister that meet set requirements and standards (art. 113), and every reproductive health service must be recorded and reported through the national health information system (art. 125).
Key points
| Who may use it | A lawful married couple (Health Law, art. 58; Regulation 28/2024, art. 111(1)) |
|---|---|
| Medical condition | A medical examination must show infertility (Regulation, art. 111(1)) |
| Genetic material | The spouses' own sperm and egg only; embryo implanted in the wife from whom the egg came (Health Law, art. 58(a); Regulation, art. 111(2)) |
| Provider | Medical personnel with expertise and authority, at facilities designated by the Minister (Health Law, art. 58(b)-(c); Regulation, art. 113) |
| Sex selection | Banned, except to avoid a sex-linked genetic disease (Regulation, art. 111(5)) |
| Surplus embryos | Stored until the baby is born; extension at the couple's wish; destroyed if not extended (art. 112(1), (2), (4)) |
| Forbidden implantation | In the mother's womb if the embryo's father has died or they have divorced; in another woman's womb (art. 112(3)) |
| Sanctions | Written warning, administrative fine and/or withdrawal of the licence (art. 112(5)) |
In practice
- Obtain a medical finding of infertility first: the Regulation makes it the condition of access (art. 111(1)), and the couple must be lawfully married (Health Law, art. 58).
- Check that the clinic is among the facilities the Minister has designated (Regulation, art. 113); the opened sources contain no list of them.
- Decide before treatment what should happen to surplus embryos: the Regulation requires storage until the baby is born, extension only at the couple's wish and destruction if the couple does not extend (art. 112).
- Do not ask for sex selection unless a sex-linked genetic disease is at issue, the only exception in art. 111(5).
Recent changes
Government Regulation No. 28 of 2024, dated 26 July 2024, added the detailed rules on the infertility finding, surplus embryos, sex selection and sanctions to the single article of the Health Law promulgated on 8 August 2023 (art. 58).
Where to go
- Health facilities designated by the Minister of Health to provide assisted reproduction (Regulation, art. 113).
- The Minister of Health, the governor or the regent or mayor, who can impose administrative sanctions on providers (art. 112(5)).
Worth knowing
The texts describe a single permitted model: married spouses, their own cells and the wife's own womb. They do not mention donor sperm or eggs, and art. 112(3)(b) names only the use of another woman's womb for surplus embryos; the sources opened contain no separate rule on commercial surrogacy.
Frequently asked questions
Can an unmarried couple use IVF in Indonesia?
Not under the Health Law: art. 58 limits assisted reproduction to a lawful married couple, and art. 111(1) of the 2024 Regulation adds a medical finding of infertility.
May the embryo be implanted in another woman?
No for surplus embryos (Regulation, art. 112(3)(b)), and art. 58(a) allows the first implantation only in the womb of the wife from whom the egg came.
Can surplus embryos be used after the husband dies or the couple divorces?
Not in the mother's womb: art. 112(3)(a) forbids implantation if the embryo's father has died or they have divorced; the embryos are stored until the baby is born and destroyed if the couple does not extend storage (art. 112(1) and (4)).
Sources
- Law No. 17 of 2023 on Health (Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan), official PDF on the BPK legal database — arts. 54, 57 and 58
- Government Regulation No. 28 of 2024 implementing the Health Law (Peraturan Pemerintah Nomor 28 Tahun 2024), official PDF on the BPK legal database — arts. 100 and 111 to 113 and 125; date of enactment 26 July 2024
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