La adopción por matrimonios igualitarios y su incidencia en el principio del interés superior del niño

Abstract

The present work of degree tries to determine if the adoption by equal marriage affects the best interest of the child. The applied study was qualitative, with a type of exploratory and correlational research about the current situation of Ecuadorian legislation that encompasses the issue of the right of adoption. The research modalities to be used are bibliographical-documentary research and the triangulation of theories. The sample is determined specifically in the sentences issued by the Inter-American Court of Human Rights. The results obtained were five documents, the sentence Atala Riffo and girls Vs Chile, the reparation fund of the case, Art. 1, 24 and 19 of the Convention. Of these, the Atala Riffo case was determined to be relevant for the study, as a specific document to carry out the analysis of the standards of conventionality. Regarding the theoretical and doctrinal foundation regarding adoption by equal marriage and the evolution of Family Law, the formation of homoparental families, like heterosexual families, have a social responsibility with the sons and daughters that comprise it. Likewise, regarding the standards of conventionality developed by the Inter-American Court of Human Rights regarding the analyzed premises, it is clear that it does not directly or indirectly affect the best interests of the child.