La adopción homoparental, una nueva necesidad en el ordenamiento jurídico ecuatoriano

Abstract

This paper studied the relationship between the principle of the child's best interest and homoparental adoption within the Ecuadorian legal system framework. The methodology was developed using a qualitative approach due to the theoretical basis of adoption. Likewise, the deductive-inductive method was used to study general knowledge of homoparental adoption to particular contents of this legal figure. On the other hand, the dogmatic-legal method was utilized to clarify, through interpretation, the norms and laws that comprise the Ecuadorian and international legal systems concerning the legal entity examined. The analytical-synthetic method was also employed to consolidate and interpret the information gathered to identify the legal consequences of the lack of regulation of same-sex adoption in Ecuador. The research techniques were the file and the bibliographic review. In conclusion, the need to regulate homoparental adoption in the Ecuadorian legal system was theoretically justified. Additionally, a reform of the Civil Code and the Code of Childhood and Adolescence was considered opportune to achieve its legal recognition and to permit adoption in same-sex families to guarantee the principle of the best interest of the child.