El Derecho de los niños, niñas y adolescentes a la Identidad en los casos de Gestación por Subrogación dentro de la legislación ecuatoriana

Abstract

Gestation by Surrogacy is a technique of Assisted Reproduction that allows to overcome infertility or sterility problems of a couple. This occurs when a woman develops pregnancy for another, but once the child is born, it is handed over to the intending parents. This work was carried out for an analysis of the Right to Identity of children and adolescents who are born through pregnancy by surrogacy in Ecuadorian legislation and the scope that it has; our legal system and Article 196 of the bill of the Organic Health Code, the deficiencies that it presents, in the guarantees it offers to the people involved in this. Under this scheme, the following objectives will be developed: - Establish from the doctrinal point of view definitions, characteristics, classes or mechanisms about gestation by surrogacy. - Analyze the right that children and adolescents have to biological truth to guarantee the right to identity and family from a constitutional point of view. - Establish the origin or not of gestation by surrogacy in Ecuadorian legislation.