Assisted Reproductive Methods in Ecuador: A Comparative Legal Analysis

Abstract

This article was developed with the objective of analyzing the regulatory framework for assisted reproductive methods in the international context, compared to Ecuadorian legislation. To achieve this, the methodology consisted of a descriptive type of research with a qualitative approach, employing the technique of bibliographic-documentary review. The results reveal that legislations in countries such as Spain, the United States, and the United Kingdom have made significant progress in regulating assisted reproductive techniques, establishing regulations that ensure informed consent, regulate parentage, and protect the welfare of children. In Spain, Law 14/2006 guarantees the gratuity of procedures and prohibits commercialization, while in the United Kingdom, the Human Fertilisation and Embryology Act protects the right of individuals conceived through these methods to know their genetic identity. In the United States, the Uniform Parentage Act and the California Family Code enable the resolution of parentage disputes and ensure legal security. In contrast, the Ecuadorian regulatory framework presents significant legal gaps, especially in cases such as surrogacy, the ROPA technique, and post-mortem conceptions, leaving the parties involved without legal protection. It is concluded that Ecuador must adapt its legislation to include clear provisions regulating these techniques. This involves ensuring parentage based on procreational intent, respecting family diversity, and prioritizing the best interests of the child. Incorporating these regulations will promote an inclusive legal framework that addresses scientific advancements and ensures equity in access to assisted reproduction.