Filiación por voluntad procreacional: interés superior del niño nacido por reproducción asistida en Ecuador.

Abstract

This research examines filiation based on procreative will in the context of Assisted Human Reproduction Techniques in Ecuador, taking into account the conflicts that may arise when the person who assumes parenthood does not have a genetic relationship with the child. The legal problem stems from the insufficient regulation of the effects of procreative will within the traditional filiation system. This situation may create uncertainty when, after the child's birth, one of the parents seeks to deny the parental relationship on the grounds that there is no biological connection with the child. In response to this issue, the research aims to determine the legal relevance of procreative will as a basis for filiation and its relationship with the principle of the best interests of the child. To this end, Ecuadorian legislation, constitutional principles, international instruments, case law concerning filiation and assisted human reproduction, as well as relevant experiences from comparative law, are examined. Based on this analysis, the study seeks to determine whether the Ecuadorian legal framework provides sufficient protection to guarantee the stability of the parental relationship and safeguard rights such as identity, child support, and the comprehensive development of children born through these techniques. Finally, criteria are proposed to strengthen Ecuadorian regulations and provide greater legal certainty in this area.