Legislación de la maternidad subrogada en el Ecuador desde una perspectiva de género: un conflicto jurídico o una disputa ética

Abstract

Surrogacy is a legal and social phenomenon that has generated intense debate in human rights, reproductive autonomy, and comparative law. In Ecuador, the lack of precise regulation has created legal gaps that affect the legal security of gestational mothers, intended parents, and, primarily, the rights of children born through this technique. This study addressed the possible inclusion of surrogacy in Ecuadorian law from a gender perspective, analyzing its impact on the protection of fundamental rights and the challenges posed by its regulation. This research examined the implications of surrogacy on the dignity of women, the child's parentage, and potential economic exploitation. Three main approaches were identified through the analysis of international legislative models: total prohibition, regulated altruistic surrogacy, and regulated commercial surrogacy. In this regard, this study highlights the need to incorporate a comprehensive regulatory framework in Ecuador that guarantees the best interests of the child, establishes protection mechanisms for surrogate mothers, and prevents the commodification of the female body.