La adopción prenatal como alternativa para proteger el derecho a la vida del nasciturus

This research examines prenatal adoption as an alternative to protect the right to life of the unborn child, through a legal contrast between the legislation of Ecuador and Chile, in conjunction with the compilation of expert perspectives to determine the legal and procedural aspects that would lead...

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Bibliografski detalji
Glavni autor: Andagana Cali, Elizabeth Abigail (author)
Daljnji autori: Pesantez Santo, Nataly Lizbeth (author)
Format: bachelorThesis
Jezik:spa
Izdano: 2024
Teme:
Online pristup:http://dspace.unach.edu.ec/handle/51000/14358
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Opis
Sažetak:This research examines prenatal adoption as an alternative to protect the right to life of the unborn child, through a legal contrast between the legislation of Ecuador and Chile, in conjunction with the compilation of expert perspectives to determine the legal and procedural aspects that would lead to evaluating the feasibility of reforming article 163 of the Children and Adolescents Code to incorporate this legal figure. The particularities of the figure of adoption in Ecuador, the right to life in the Ecuadorian and international regulatory system, the right to the family and the principle of the best interests of the child are analyzed. The methods used are historical-logical, deductive, analytical legal, dogmatic and legal comparison, with a non-experimental qualitative approach. Techniques such as interview and signing were used, supported by the interview guide to collect information from the Family, Women, Children and Adolescents Judges. free practicing lawyers specialized in family law and experts in institutional care in the Riobamba canton and a table of comparative law. The results suggest that, although there is indeed legal protection of the unborn child, prenatal adoption could significantly reinforce this protection, in this sense, this figure would represent a viable alternative to clandestine practices and abandonment of newborns. It is concluded that it is crucial that the constitutional State of rights regulates prenatal adoption, guaranteeing comprehensive protection of life from conception, benefiting both women who face conflicts with motherhood and the unborn.