Reflexiones sobre la adopción en Ecuador: consideraciones constitucionales y legales

Abstract

The research aims to determine the constitutional and legal provisions that regulate the legal figure of adoption in the Republic of Ecuador, with special attention to the existing normative contradictions between them. The research is of a descriptive documentary type, with a focus on analytical and hermeneutic methods. The Constitution recognizes the figure of adoption in its article 68. The Ecuadorian legal system does not handle full adoption as stipulated in article 152 of the Childhood and Adolescence Code. In view of the fact that in the Civil Code there is a notable conservation of the kinship ties of the adoptee with his family of origin and the exceptions that segregate the adopted children in matters of inheritance with the adopter’s family. It is concluded that it is necessary that the National Assembly, at the moment of issuing or reforming a new law for the protection of minors, carry out an exhaustive normative analysis so that this new codification is related and complementary to the laws that are in force, this with the objective that there are no legal anomalies between two norms and that an effective application and enjoyment of the rights of the minors can be given.