La maternidad subrogada y el interés superior del niño

Abstract

The present investigation intends that the surrogate motherhood is considered as a punishable act in the Ecuadorian legal system, since in this way it will be avoided that the rights of the children are violated. At present, in the Ecuadorian legal system surrogate motherhood is not regulated; Nevertheless in 2000 an attempt was made to create a draft Family Law, in which I try to regulate the application of surrogacy, but this bill was never promulgated. Although it is true the Ecuadorian legislation does not prohibit the realization of maternity surrogates, so it is understood that it is fully allowed, so it is now being carried out with total freedom, without any type of control. The reason for which the researcher has thought it appropriate to present the present investigation with the theme "Surrogate Motherhood and the Superior Interest of the Child", has the purpose of proposing the prohibition of surrogacy since its application constitutes a form of exploitation of women And above all makes children into commercial products. It therefore implies a flagrant violation of the rights of children. This means that in the Integrated Criminal Code, sanctions are established for those who apply this reproductive technique of surrogacy.