Adopción en parejas homoparentales.

Abstract

The present thesis entitled Adoption in homoparental couples, deals with the existing legal problem in the Ecuadorian legal system. Article 68 paragraph 2 of the Constitution prohibits the participation of same-sex couples in the legal adoption process, a provision that violates the fundamental principle enshrined in the Constitution in Article 11 paragraph 2 principle of equality, which refers to the constitutional prohibition of discrimination against Ecuadorians by race, ethnicity, age, gender or sexual orientation; therefore, the principle must be fully complied with for the good life of Ecuadorians. Within the development of this degree work, the incongruence of the legal protection of the State to all types of families is evident, as well as the normative difference between heterosexual marriage and homosexual marriage, which are recognized by the Ecuadorian State and have the same rights and obligations, therefore, it is concluded that there is a discrimination and legal incongruence; Therefore, this research work concludes with a proposal for a Constitutional reform in which the prohibition is eliminated and the right of equality and non-discrimination of same-sex couples is effectively enforced, which leads to a full implementation of their rights enshrined in the Constitution.