Post mortem declaration of paternity: legal and social perspectives

Abstract

The right to identity and biological origin is a fundamental pillar in the exercise of human rights and in the integral development of children and adolescents. The declaration of paternity post mortem has become an issue of growing relevance in Ecuador, highlighting the need to reconcile respect for fundamental rights with ethical, cultural and family implications. Through an analysis of the current legislation and jurisprudence of Ecuador in comparison with the norms of other countries in the region, legal gaps are identified with respect to the declaration of post mortem paternity and post mortem filiation by assisted human reproduction techniques. The objective of this article is to analyze from a legal and social perspective the implications of the recognition of post mortem paternity in the Ecuadorian legal system, identifying legal gaps, bioethical challenges and proposing recommendations to strengthen the current regulatory framework. The methodology employed is qualitative through documentary review and critical discourse analysis. The results indicate that Ecuadorian legislation lacks a chapter on the recognition of post-mortem paternity and post-mortem filiation through assisted human reproduction techniques.