La adopción homoparental en el Ecuador desde el punto de vista constitucional.

Abstract

Adoption is a concept that, over the years, has been subject to various stigmas (moral, religious, social, etc.). However, none of these should be the right criteria to determine who can or cannot adopt. This research work shows the need to analyze, from an objective perspective devoid of subjectivity, the regulations that rule adoption in Ecuador. The objective is to highlight violations of constitutional principles aimed to protect two specific social groups: orphaned children and adolescents and families formed by same-sex couples. This analysis concludes that the constitutional norm is restrictive of rights by prescribing, as an indispensable requirement, that suitable families for adoption must be exclusively composed of heterosexual couples. This overlooks the principle of the best interests of the child, the right to have a family, and the right to equality and non-discrimination.