Matrimonio igualitario y adopción por parejas del mismo sexo : análisis doctrinal y comparado.

Abstract

The evolution of legislation and doctrine regarding the rights of homoparental families is evident in Ecuador with the recognition of equal marriage, which in turn is related to adoption; despite the impossibility of becoming effective by constitutional mandate. The objective of this report was to analyze the jurisprudential and doctrinal elements of the adoption of children and adolescents by legally married same-sex couples in the context of the right to equality and non-discrimination in Ecuador, specifically in the Guayaquil city. To achieve this, qualitative approach or paradigm research methods were used, using the collection of documents such as judgments and jurisprudence, as well as the analysis of the opinion provided through a questionnaire addressed to jurists from the Province of Guayas. Among the results, the opinion of the observation subjects of this investigation was obtained, as well as what was observed by this researcher at an empirical level, they support the proposal of constitutional reform so that the impediment of same-sex couples to be able to adopt children is eliminated. , girls and adolescents who lack a family, which supported the citizen initiative for constitutional reform regarding the approval of adoption by homoparental families in Ecuador regarding the principle of formal equality for all citizens equally, since the constitutional impediment contravenes principles of universal rights.