Adopción por familias monoparentales y el principio de igualdad en el Ecuador.

Abstract

This research analyzes adoption by single-parent families in Ecuador in light of the constitutional principle of equality and non-discrimination. It examines the compatibility between the Constitution of the Republic of Ecuador and the Organic Code on Children and Adolescents, particularly the preference established in Article 153, paragraph 3, in favor of legally constituted heterosexual couples. Through a qualitative approach and the use of legal-dogmatic, analytical, exegetical, and comparative law methods, doctrine, case law, and legislation from Colombia, Spain, and Chile are examined. The analysis of the results reveals a difference in treatment that unjustifiably limits single persons’ access to adoption, despite the constitutional recognition of family diversity. It is concluded that parental suitability and the best interests of the child should constitute the fundamental criteria, supporting a proposed reform of Article 153, paragraph 3, of the Organic Code on Children and Adolescents (CONA) to guarantee equal opportunities in legal adoption proceedings.