Analysis of the legal regularization of the rights not recognized to homoparental families in the issue of adoption

10.2478/bjlp-2023-00000108

Abstract

The constitutional statement that limits persons of the same sex to participate in adoption processes, is a discriminatory constitutional rule, therefore inapplicable, that violates the best interests of the minor, since the latter has the right to a family that provides necessary conditions for their integral development (health, education, nutrition, emotional development, etc.); In the absence of a psychological, sociological or scientific justification, which demonstrates an alteration or affectation to the development of children and adolescents, who have been raised with homosexual people, it is necessary to be able to raise the constitutionality of the adoption, which includes homoparental individuals or couples, with the purpose of offering the legal possibility of participating in the adoption process,  under the same conditions, that heterosexual individuals and couples currently do. In relation to the methodology, we worked under a qualitative approach and the deductive method. Regarding the results, a legal contribution is provided aimed at the fact that adoption in Ecuador is currently heteroparental, being able, under the principle of equality and in support of providing a family to children and adolescents -in some cases adults-, to be analyzed adoption for homosexual people. Finally, it is concluded that the Ecuadorian State must approve homoparental adoption without the need for any reform in the Constitution of Ecuador.