Inducción de la prueba prenatal de ADN no invasiva en la legislación ecuatoriana

Abstract

This article presents a theoretical analysis of human rights violations against the nasciturus resulting from the lack of regulation of non-invasive prenatal DNA testing in Ecuadorian law. Consequently, this study examines the potential inclusion of this measure in legal proceedings concerning paternity recognition and child support to contribute to safeguarding the child’s right to identity. To this end, the analytical- synthetic method was employed through a literature review, considering that this research is based primarily on information collected from scientific books and journals—both print and electronic—which are essential for establishing a theoretical framework with relevant information on the subject. The study confirms that there are now state-of-the-art non-invasive procedures that, without causing side effects, allow for the analysis of the fetus’s DNA and the determination of paternity with 99.9% accuracy before birth.