La adopción desde el vientre materno: Una alternativa ética para embarazos no planificados y la tutela de los derechos del nasciturus.

Abstract

This study investigated prenatal adoption in Ecuador as an ethical alternative to unplanned pregnancies, analyzing its legal framework and the implications for the rights of the unborn child. A descriptive and documentary approach was adopted, conducting an exhaustive literature review in databases such as Redalyc, Scopus, and Google Scholar, using key terms such as “prenatal adoption” and “reproductive rights.” Inclusion and exclusion criteria were established to ensure the relevance of the selected studies. The results indicate that, although the rights of the unborn child are recognized in the Ecuadorian legal framework, the lack of specific regulation on prenatal adoption generates uncertainty. This regulatory vacuum hinders access to a viable option for women in situations of unwanted pregnancy. The thematic analysis reveals patterns related to identity, filiation, and the right to a dignified life, highlighting the need for a more transparent legal framework. Prenatal adoption as a viable solution in Ecuador, but its success requires the implementation of adequate regulations that protect the rights of all parties involved. This study provides a basis for future discussions on ethics and reproductive rights, underlining the importance of an approach that respects the autonomy of the biological mother and guarantees the well-being of the unborn child. Keywords: right to family, adoption, family, best interests of the child