Propuesta en el Código de Niñez y Adolescencia sobre la reproducción asistida y el nexo filial.

Abstract

In Ecuador, assisted human reproduction techniques only have a commercial and not a legal nature; by virtue of which, the Ecuadorian legislators have left aside the effect that they cause in family law. This research has raised the following objectives in the analysis of Assisted Reproduction and the subsidiary link of family law, proposing an insertion in the Code of Childhood and Adolescence, based on the doctrine, the comparative law of the Argentine, Uruguayan and Spanish on the regulations on family law and the rulings of the Constitutional Court of Ecuador and the Inter-American Court; and the methodology applied is qualitative with an interpretive paradigm, since the purpose is always to understand and interpret the information obtained from the analysis of existing legislation, jurisprudence and doctrine on the subject, between Argentina, Uruguay and Spain. This is how the result expressed those assisted reproductions submit to family law, especially in the filial issue and that the legislations in question give a guide to the legislator so that he takes into consideration all the factors that could give and the importance of the will of the parties. Concluding that the investigation allowed us to assume that it is essential to carry out controls, regulations and insertions in matters of family law to the application of assisted reproduction techniques, in that it will be possible to resolve easily the controversies that may arise in the affiliate field.