Homoparental Adoption in Ecuador: Right to Equality and Non-Discrimination and Best Interest of the Child

Abstract

The article analyzes from a constitutional perspective the restriction of access to adoption in homoparental families in Ecuadorian legislation. The objective is to illustrate the incidence of this restriction on the constitutional right of children and adolescents to have a family, and how this provision is discriminatory with respect to same-sex couples. Theoretical and jurisprudential sources are examined on the types of families and the rights that their recognition implies. The results of the study indicate that this normative provision not only constitutes a violation of the right to equality and non-discrimination for homoparental families, but also affects the principle of the best interests of the child. As novel conclusions, the need to
recognize and regulate adoption in homoparental families is proposed, and the criteria to be observed to regulate this type of adoption in Ecuador are also exposed.