El proceso de adopción en el matrimonio civil igualitario dentro del estado constitucional

Abstract

Equal civil marriage has become a very controversial issue in Ecuadorian society, as it breaks the scheme of a traditional marriage, however, the rights have evolved to the present time, so that in view of the Supreme Norm all people regardless of their race, religion, sexual orientation or gender, are equal and enjoy all rights. Therefore, through the de facto union, LGBTI people felt excluded, because they considered that it was a legal figure that in a certain way established requirements that they had to fulfill in order to formalize their relationship, therefore after several years of struggle for the recognition of equal civil marriage, the Inter-American Court of Human Rights, through its Advisory Opinion OC-24/17, indicated that the states parties must recognize marriage between a man and a woman and between same-sex couples, and that there is no contradiction with the constitutional text but rather a complementarity. Therefore, by recognizing the right to equal civil marriage, it is assumed that it is linked to the rights related to marriage such as that of forming a family, and it is there, where the issue of adoption arises, as one of the means by which which couples can have children; However, despite the fact that the Constitution of the Republic recognizes the types of families and gave way to equal civil marriage, adoption continues to be a privileged issue for heterosexual couples. The methodology used for the development of the research was the study and analysis of the advisory judgments issued by the Constitutional Court regarding the recognition of equal civil marriage, as a starting point of the problem that the recognition of adoption and adoption entails. On the other hand, a comparative study was carried out of the different laws of the different countries, which recognize this figure of equal civil marriage and adoption. For which, the results obtained from it, lead us to consider that the Ecuadorian state cannot reverse the recognition of the rights that LGBT people have with respect to adoption, since in no part of the legislation the principle of interest The child's superior condition is the orientation of the parents, the only thing it seeks is the integral development of the child, for which if a couple who is civilly married is of the same sex or heterosexual, they have the right to form their family in its diversity, and the state cannot prohibit that, because it would be going back in a constitutional state of rights and justice. The conclusion, which was reached with the research study, was to determine that the Ecuadorian state should allow the adoption process in same-sex couples, since the purpose of the constitutional state of rights and justice is to guarantee their equality the recognition of rights, for which by granting the figure of civil marriage to these couples, you are granting them the same rights that a heterosexual couple has.