La protección jurídica al nasciturus y el consentimiento para su adopción desde el vientre.

Abstract

The 2008 Ecuadorian Constitution, in article 45, affirms and ensures the right to life, including care and protection from conception. Similarly, the Universal Declaration of Human Rights of 1948, in article 3, proclaims for the first time at the international level that every human being has the right to live, to be free, and to enjoy personal security. Within this framework, in Ecuador, actions that violate the right to life are prohibited. This leads us to reflect on the possibility of expressing consent for adoption before birth in the country as an alternative for the legal protection of the unborn child and ensuring their rights at the time of birth. In this study, an analysis of Chilean comparative law will be carried out, assessing the feasibility of applying our regulations to express the consent for adoption before birth, following the guidelines of Ecuadorian law, with the intention of safeguarding the life of the unborn child and ensuring their rights at the moment of their birth.