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Abstract : In certain nations, surrogacy helps couples conceive. Surrogacy is still illegal and unregulated in Indonesia. Surrogacy is a way for childless couples to escape divorce. Surrogacy is regarded as more successful than other reproductive procedures. This paper tries to answer how the policy of legal protection for the fulfilment of couples' rights to obtain offspring with a surrogacy agreement; and how the implementation of a surrogacy agreement in the context of legislative reform in Indonesia can ensure legal certainty. This study is socio-legal. Werner Menski's Legal Pluralism theory is Constructivist-based. Discussion results show numerous crucial points: First, legal protection is a state of law's subjection to its inhabitants' humanity. A law must contain fairness, certainty, and expediency. Married couples who do not have children can be protected by law in Indonesia so that they can have offspring through a surrogacy agreement using a surrogate mother with the legal policy that if the wife has a uterine abnormality, her uterus was removed due to treatment for other diseases or has heart or lung disease that can harm the pregnant woman. Second, regarding the implementation of a surrogacy agreement in the context of legal reform in Indonesia with comparative studies of law in other countries regarding surrogacy, the authors offer only one type of Gestational surrogacy with the steps starting with building awareness that the purpose of the law is justice, stability, and prosperity.