Los principios fundamentales de la bioética y el reconocimiento de la gestación subrogada como Derecho de familia

Abstract

This investigative work is aimed at the analysis of the recognition of surrogate motherhood with the support of the fundamental principles of bioethics, this is possible through the implementation of the guarantee and constitutional currents, the same that through Rights safeguard principles found in the current Constitution of the Republic of Ecuador. After more than a decade, there are still social needs, which despite the great advances in legal issues, the regulatory apparatus has not yet covered certain topics. Considering that Law is the social connection that the individual has with the State, it becomes directly responsible for improving regulations and adapting it to the needs of social assets, to guarantee the provisions of a Constitution that guarantees rights and defends social justice. In context, with the execution of this investigative work, the fundamental principles of bioethics and the recognition of surrogacy as family law are analyzed, since it is determined that the State has the support of rights and principles. In short, it is possible to open the way to the construction of a regulatory body based on this constitutional legal apparatus, for the recognition of surrogate motherhood and thus the State as responsible for generating the necessary conditions for the development of this right, benefit whoever need to make use of this. The investigation is developed from the historical perspective, with legal and doctrinal foundation. With the execution and analysis of surveys carried out, the importance of alternative methods of human reproduction is determined as a conclusion. As an essential recommendation, the normative regulation of this type of medical practices to safeguard human integrity and dignity. Seeking to eradicate clandestinely as a social problem allowing access to the right to health under equal conditions.