Técnicas de reproducción humana asistida y la determinaciónjurídica de la filiación en el ordenamiento legal ecuatoriano

Abstract

This research work, entitled “Assisted Human Reproduction Techniques and the Legal Determination ofFiliation in the Ecuadorian Legal System,” analyzes the lack of a specific regulation governing Assisted Human Reproduction Techniques (AHRT) in Ecuador and their implications for the legal determination of filiation. The study adopted a methodological framework with a qualitative approach, applying the analytical method and the documentary analysis technique, using doctrinal, legal, and comparative sources. The results show the existence of a legal vacuum that generates legal uncertainty, vi assisted human reproduction techniques fundamental rights such as identity and the best interests of the child and limits the recognition of procreational will as a valid element for establishing filial bonds. It was identified that the Ecuadorian legal system maintains a traditional model based on biological and marital filiation, neglecting new family forms arising from scientific and social advances. In contrast, foreign legislations such as those of Spain, Argentina, and Mexico have recognized procreational will as a legal source of filiation, granting legal protection to all parties involved. Consequently, it is concluded that Ecuador urgently requires the enactment of an Organic Law on Assisted Reproduction that guarantees legal security, equality, reproductive autonomy, and the integral protection of the unborn child. Finally, a normative reform is proposed to harmonize law with science, human rights, and contemporary social transformations, thereby strengthening justice and equity in matters of filiation