Maternidad subrogada: inexistencia de regulación normativa en Ecuador y los derechos de libertad

Abstract

The objective of this investigation is to examine the scope of surrogate motherhood and its legal-social implications in the absence of a normative regulation in Ecuador, so mainly for this article several types and methods of research of exploratory-descriptive nature focused on social sciences were used, because in the first instance qualitative research was used, which contributed to carry out a process of collecting information, data and references on surrogate motherhood and liberty rights; In the same way, the methods that are used in law and that fit for the development of this topic were determine, among these: historical, descriptive and comparative. As the research progressed, it was possible to determine that there is a constitutional recognition of the free and crucial decision making regarding the formation of a family, when and how many children to have; It was not found a legal regulation that assists this type of modern situations that have been ocurring with technological advances, but it was possible to counteract the situation of Ecuador with other countries such as Colombia and the United States from their several representative cases and jurisprudence on surrogate motherhood that marked history in their countries, for which the system of analysis of arguments was used for a possible application in our country, being the same a starting point for the subsequent recommendations made in the research, leaving guidelines for the creators of laws to respond to this problem and regulate it.