La adopción homoparental frente al principio constitucional del reconocimiento de los diversos tipos de familia en el Ecuador

Abstract

This thesis examines Ecuador’s constitutional and legal frameworks, as well as various doctrinal opinions related to the research topic, with a special emphasis on the situation of same-sex couples and their access to adoption rights. Based on the study and analysis of principles such as equality and non-discrimination, as well as the constitutional recognition of different types of families, the research highlights a normative contradiction between the constitutional provisions on the recognition of family diversity and the express exclusion of same-sex parent families from the adoption process in the constitutional text. This reveals a form of discrimination incompatible with a constitutional state of rights and justice, such as Ecuador, as well as an inconsistency with the provisions of the American Convention on Human Rights, an internationally recognized instrument for the protection of rights, to which the Ecuadorian State is a party.