La aplicación del principio de igualdad e interés superior del menor, en la adopción de parejas del mismo sexo.

Abstract

The present study was carried out with the objective of analyzing the discussion that exists regarding the right to adopt in same-sex couples (homoparental) in Ecuador, thematic that has thesis in favor and against the announced discrimination, for which, a qualitative investigation was applied, by the legal analysis of the documentary and bibliographical investigation of documents and cases related to the subject raised as well as the application of the Proportionality Test, used in the administration of constitutional justice, whose purpose is to make effective the optimization mandates that Constitutions usually have in the declaration and consecration of fundamental rights, with their corresponding values and legal resources to resolve conflicts that occur when they collide, whose inputs are sentences applied in the country. As a conclusion, it is determined that having a family is a universal right above sexual preferences, stereotypes, and biased conditions; however, there is a legal vacuum that requires a reform of Art. 68 (Constitution of Ecuador, 2008, article 153).