Abstract

The adoption process of minor children for homoparental families, within the Ecuadorian legal system, has not been able to be regulated, given that it continues to be discriminatory for people of the same sex. The Childhood and Adolescence Code (2015) stipulates that children and adolescents have the right to be adopted and form a home other than their biological one. In this regard, the research focuses on the objective of identifying the existing regulatory contradiction that leads to a violation of constitutional rights such as equality for people who make up same-sex couples, given the existing procedural obstacles. Understanding then, that there is discrimination for homosexual couples. The present investigation has a qualitative approach, where the analytical-synthetic method was used, in addition to the inductive method, which will help to analyze the object of study subjectively. Therefore, the results obtained were that the rights of homosexual couples are violated by a lack of regulations that regulate the adoption of children by homosexual couples.

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