Las implicaciones constitucionales de la adopción homoparental en Ecuador

The development of this article focuses on establishing how homosexual (gay) collectives and their rights have been left behind in one way or another in society. The primary objective of this article is to analyze the constitutional implications that prohibit adoption by same-sex couples in Ecuador, in Article 68 of the Constitution of the Republic of Ecuador, because on the one hand we observe that it guarantees the formation of a family in its various types and on the other hand in the same article limits this right in adoption issues, preventing homoparental adoption. This study allows us to analyze the national restrictions vs. the permissibility of international regulations focused on human rights. For this, a detailed legal analysis will be used, using effective research methods, which will help to determine the application of constitutional principles such as the best interest of the child and more principles and rights of the human being. In this sense, what leads us to conclude the present investigation is that the constitutional restrictions generate contradictions in the Ecuadorian legal system, requiring an immediate revision of the regulations, guaranteeing all couples, including same-sex couples, to have children through the adoption system.