Derecho a la maternidad en los procesos de gestación subrogada y carencia en el sistema jurídico ecuatoriano

Abstract

In Ecuador, the lack of legislation on surrogacy has created a scenario of legal uncertainty and lack of protection for both surrogate mothers and children born through this method, increasing the risks of exploitation. This study aimed to examine the impact of this regulatory void on the right to motherhood and propose legal models based on successful international experiences. Using a qualitative approach and an interpretive paradigm, the research included a literature review and semi-structured interviews with nine legal professionals and sociologists, as well as two individuals who participated in surrogacy processes. The sampling was purposive, and data collection continued until the information obtained was consistently reiterated among participants, reaching saturation. The results revealed legal gaps that expose surrogate mothers to exploitation and complicate the formalization of agreements among the parties involved in the surrogacy process. Compared to international models, such as those in Canada and Greece, it was concluded that Ecuador needs to implement a legal framework that ensures informed consent, protects human rights, and guarantees equity in surrogacy agreements.