Los hijos adoptados frente al derecho hereditario y de visitas en su familia biológica; una mirada hacia el avance del Interés Superior del Niño en Ecuador

Abstract

This paper analyzes two specific rights, visitation rights and inheritance rights that an adopted person has or could have within his or her biological family, and how the recognition and exercise of these rights can contribute to better guarantee the fundamental principle on issues where the rights of children or adolescents are linked, we are talking about the principle of the best interest of the child; This study focuses on the regulations of the Ecuadorian State, with special emphasis on three bodies of law: The Constitution of the Republic of Ecuador (CRE). The Code of Childhood and Adolescence (CNA) and Civil Code. The analysis starts with a general consideration of adoption and how it is established in Ecuador, then examines the principle and the most relevant rights that revolve around this institution: the best interest of the child, the right to have a say and the right to identity; and finally, all these aspects are contrasted with the Ecuadorian norms that regulate visitation rights and inheritance rights, with the purpose of generating criteria for a future reform of the Ecuadorian norms that deal with these issues.