Maternidad subrogada y normas jurídicas

Abstract

The objective of the article presented was to carry out an analysis of Ecuadorian legislation and how issues related to surrogacy are inserted or approximated in it, which was carried out from a qualitative, interpretive paradigm, using as its own research methods and techniques from the Legal Sciences the theoretical-legal, to define the legal terms and categories referring to surrogacy; the exegetical-analytical: for the legal analysis of the norm, for its interpretation, as well as to verify the correspondence between the legal norm analyzed and the reality of the object of study. Among its main findings, it was identified that the current Ecuadorian regulations are not consistent with the implementation of surrogacy as a legally established practice, recognizing that it has been carried out in the country for several years and that it responds to a traditionalist position that attributes motherhood to carrying out the delivery, which is not fulfilled when there is a surrogacy practice. Although Ecuadorian legislation recognizes the use of assisted reproduction techniques, there is no legal support that covers surrogacy, which does not stop the possibility of its practice, especially in couples who have their only possibility to have offspring. . It is stated that the legislation should promote a broader control by the State, which should be the guarantor of the rights of those who intervene in this type of agreement.