Reconocimiento de la filiación en la gestación por sustitución transfronteriza: análisis de los desafíos actuales en Ecuador

Abstract

Surrogacy, in addition to being an integral part of assisted human reproduction techniques, is a phenomenon that raises questions in the legal field. At the national level, it brings into discussion whether the procreational will should be admitted as an element to establish filiation. However, due to the emergence of cases that have crossed national borders, it is appropriate to speak of cross-border surrogacy. Therefore, at the international level, the discussion arises as to whether or not the receiving State of the child who has been gestated by surrogacy should recognize the effects of the filiation legally established in the State of birth. Faced with potential cases in which Ecuador could act as a receiving State of children gestated by surrogacy abroad, it is necessary to find solutions to provide an answer to the recognition of parentage. For this purpose, some cases that have served as precedents in other States will be taken into account in order to understand the current problem. Thus, in this research work, filiation is analyzed from its concept, sources, elements and classification according to the doctrine, to its historical background and forms of determination in the Ecuadorian legal context. Next, surrogacy is studied, with special emphasis on the one carried out in foreign territory. Finally, the incidence of International Private Law in matters of filiation and surrogacy is discussed.