El derecho a la identidad de los menores concebidos por fecundación post mortem

Abstract

With the emergence of assisted human reproduction techniques, family dynamics different from those we traditionally know are born for the right, post mortem fertilization is one of them and raises the possibility that women can conceive a new being even after the death of their spouse or sentimental partner, using for this the genetic material of the deceased person (sperm) or constituted embryos but that have not been implanted in the woman. In this context, this article analyzed the problems involved in the birth of people through the postmortem fertilization technique and the impossibility of being able to relate the child to the deceased father, which causes the right to identity of these minors to be affected. Due to not being able to fully guarantee one of the elements that make up this right, for this, the systematic method was used in order to determine the scope of this right and the implications of this practice in case it occurs in Ecuador. With this, it was possible to demonstrate that although the Constitution of the Republic recognizes and guarantees the right to identity, there are still barriers that prevent all children from seeing their right materialized, due to the lack of regulation in Ecuador regarding access, procedures and requirements in the use of assisted human reproduction techniques.