The Violation of the Best Interest of the Child in Cases of International Adoptions in the Light of the New Organic Law on Identity and Civil Data Management

Abstract

The recently approved Organic Law of Identity and Civil Data Management, valid since 2016, regulates the framework of registration of indentity and data of every ecuadorian and foreigners which reside in Ecuador. With respect to this, it prescribes in its pertinent part that "in any case, the adoption shall only be for couples of different sex". This article intends to demonstrate the violation of the best interest of the child by the restriction to same-sex couples of other countries to register adoptions in Ecuador, and wields the binary and heteronormative arguments used by competent authorities to justify this restriction. In the same way, it seeks to connect this important concept with respect to two fundamental rights of children; their right to identity and their right to family.