Examinando por Autor "Molina Ochoa, José Omar"
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- ÍtemAcceso AbiertoLa voluntad pro-creacional para efectos de la filiación Post-Mortem y su posible inserción en la legislación ecuatoriana(Universidad Católica de Cuenca., 2020) Molina Ochoa, José Omar; Sánchez Sarmiento, Marcela Paz; 0105681670The research presented below concerns the event known as the filiation by consent, granted for the realization of homologous assisted reproduction techniques applied in a post mortem manner; these incursions applied in the field of reproduction in medicine has taken a significant rise in recent years, which has allowed not only health professionals in the incursion into this type of practice, but also as the possibility of enjoying an inalienable right such as forming a family, for cases in which a couple, due to various biological problems, it is worth noting that it is not only a response to the fertility problems of the couple, this exercise goes further, gathering in the legal figure for the baby conceived through these techniques, and from thereon. All the guarantee of rights that come with it. In particular, as far as Ecuador is concerned, there is no clear and precise regulation about post mortem filiation through Assisted Reproduction Techniques, which results in a legal vacuum regarding the rights and obligations that arise from the birth of a human being whose mother has undergone a medical procedure after the death of the father who provided his gametes for the conception, I consider of great interest and importance to carry out an analysis of post-mortem assisted fertilization and its impact on family law, particularly in matters of filiation. It should be noted that at present most studies and research that have been carried out have tended to explain and complement medical, scientific, biological, and physiological studies, leaving aside the legal aspect.