La maternidad subrogada y su necesaria regulación dentro de la Legislación ecuatoriana.

Abstract

Social development and scientific advances to which human beings are subjected create legal scenarios that require an essential regulation by law in order to guarantee the rights recognized in the Constitution of the Republic. The norm is created by virtue of these scenarios, and with it it seeks to direct the order of human behavior by conferring rights and imposing duties and sanctions when it is contrary. Through these norms, the human being measures his behavior and protects himself from the violations to which he may be susceptible in social relations with other individuals. One of the scientific advances that has constituted a tool for those people who cannot have children due to infertility, is surrogate motherhood or also known as a surrogacy. It has come to be considered a contract and despite dating back its existence several centuries ago, not all countries regulate it and such is the case of Ecuador. Said non-observance of the norm could lead to the violation of certain rights recognized by our Magna Carta.