Determinación legal de filiación por uso de métodos de reproducción humana asistida.

Abstract

The techniques of assisted reproduction have marked an era, both in the field of health and family law. Its use has been extended, to recognize that anyone can donate gametes to be used to procreate. In Ecuador, a section on assisted reproduction does not exist within the health regulations, nor does it exist to determine the kinship that would exist between the participants and the child. The general objective is analyze the relevance of including in the Ecuadorian legal system a procedure that regulates the forms of affiliation of people conceived by the use of assisted human reproduction methods, considering the donors and recipients of gametes. It is a work with qualitative methodology focused on the documentary review and the performance of semi-structured interviews with judges of childhood and adolescence. The results show that procreation procedures are produced in Ecuador by assisted reproduction techniques, but that they are not regulated, so there have been several controversies. Also the judges agree that there is a regulation that limits the healthy criticism with which those problems are resolved now. It is concluded that it is possible to establish a regulation in the determination of the legal affiliation of minors who are procreated by these techniques, in harmony with constitutional principles, especially the principle of the child's best interests.