Adopción monoparental: divergencia entre el principio de adopción establecido en el art 153 numeral 3 del CONA y la vulneración de derechos por el reconocimiento constitucional de diferentes tipos de familias

Abstract

The present research work takes into account the legal reality of the institution of adoption in relation to the recognition of different types of families, specifically in relation to single-parent families. The 2008 Constitution of the Republic of Ecuador establishes a broad catalog of rights, among them, Article 67 recognizes the right to family. This right encompasses the recognition of different types of families, including single-parent families. However, this right contrasts with the adoption principles established in the Organic Code for Children and Adolescents, specifically the one established in numeral 3 of Art 153. It is from this divergence that we pose the following question: Does the existing divergence between the constitutional recognition of different types of families, and the principle of adoption established in Art 153 numeral 3 of the Organic Code of Childhood and Adolescence, violate rights? Undoubtedly, to answer this question we will analyze the institution of adoption with its regulation in our legal system, the constitutional recognition of different types of families, whether or not there is a violation of rights due to this divergence and finally a proposal for the reform of Art 153 numeral 3 of the Organic Code of Childhood and Adolescence.