Surrogate motherhood as a right of procreational will for infertile couples in Ecuador

Abstract

This research paper contributes to the regulation of surrogacy in Ecuador, a controversial topic that has gained attention in scientific and social circles. Although the practice is not legally regulated, there has been an increase in discussion and interest in this topic in the country. The objective is to examine the Ecuadorian regulations and jurisprudence applicable to the regulation of surrogate motherhood considering ethical and social principles. It was based on a historical, normative and jurisprudential study. The qualitative methodology was applied, by means of the empirical analytical method that allowed analyzing the opinions of experts in family law, human rights and bioethics, and evaluating how surrogate motherhood would be integrated within the existing legal framework in Ecuador, which requires further research and an informed debate to structure a legal and ethical framework that regulates surrogate motherhood in Ecuador. We were able to conclude the potential impact that surrogacy has in terms of equity and reproductive justice, as well as in the integral protection of the rights of all parties involved. However, it must be recognized that this discussion must encompass a variety of perspectives, including the opinions of experts in bioethics, reproductive medicine and psychology.