Ausencia de legislación en los casos de reproducción asistida y en la maternidad subrogada

The present thesis work is entitled: " Absence of legislation in cases of assisted reproductionand surrogate motherhood ", the interest to investigate arises since there is a notable legal vacuum that exists with respect to assisted reproduction techniques, this is evident in the existing procedures for the declaration of paternity that must be governed by the regulations.provided in articles 233, 245, and 258 of the Civil Code that establish as a determining test the comparative examination of the band patterns or sequences of deoxyribonucleic acid (DNA). However, the current legislation does not take into account the existence of the various procedures for artificial conception, so that legal conflicts could arise when determining filiation, since donors of sexual gametes who only intended to act as donors could be involved in legal problems, if they were intended to declare paternity. There are also problems related to the effective judicial protection, since many times the people who have access to this type of practices can be homosexual couples, and single people who find through these techniques the only possibility to conceive offspring, and there are problems when registering children under the recognition of both parents, since figures such as double maternity are not contemplated, currently although through the judgments produced in somesentences have been implemented palliative measures for this problem, we still do not have a regulation that provides legal certainty, there is also a lack of debate for the subsequent to determine the legality of some practices, such as surrogacy, and its more problematic version of commercial surrogacy

• Autor Principal: Saritama Torres, Ricky Rene (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2023
• Subjects: DERECHO; MATERNIDAD; REPRODUCCION ASISTIDA; MATERNIDAD SUBROGADA
• Acceso en liña: https://dspace.unl.edu.ec/jspui/handle/123456789/28650