Implicaciones jurídicas de la fecundación post mortem en Ecuador

Abstract

This research studies the legal implications of post-mortem fertilization in the Ecuadorian legal system, considering the scientific progress of Assisted Human Reproduction Techniques and the absence of a regulation that regulates them in the country. Through a constitutional, doctrinal, and comparative analysis, legal gaps were identified with regard to elements such as filiation, informed consent, identity, and rights of the child conceived post-mortem. A quantitative approach was used to conduct a systematic review of current and international regulations, comparing them with Ecuadorian legislation. Interviews were also conducted with professionals specializing in civil, family, and health law to facilitate a more relevant and accurate investigation. The research revealed that, although the Constitution recognizes reproductive rights and the best interests of the child, Ecuadorian law lacks clear provisions on these techniques, creating legal uncertainty. Through these reviews, as well as interviews with judges and specialists, the need for specialized legislation to guarantee comprehensive protection of the fundamental rights involved was determined. Finally, the study concludes that Ecuador requires an update to its legal framework to harmonize scientific developments with the constitutional protection of the family, children's rights, identity, and the reproductive autonomy and freedom of its citizens.