INCOMPATIBILIDAD DEL ARTÍCULO 327 DEL CÓDIGO CIVIL CON EL PRINCIPIO DE IGUALDAD FILIAL EN LA ADOPCIÓN PLENA

Abstract

The Constitution of the Republic of Ecuador guarantees and recognizes that children and adolescents have the right to comprehensive development, thus protecting the best interests of the child above all other regulations. Furthermore, within the Ecuadorian legal framework and under this same constitution, the legal institution of adoption is established, allowing orphaned children to find a home that provides them with the love, protection, and security they require. According to the Organic Code for Children and Adolescents, both adopted and biological children enjoy the same rights and obligations. However, upon examining Article 327 of the Ecuadorian Civil Code, which addresses adoption in relation to inheritance, it is determined that this institution does not grant inheritance rights, neither to the adoptive parents in relation to the adopted child, nor to the adopted child's relatives, nor vice versa. This regulation declares that the adopted child is excluded from this right, contradicting constitutional norms and the CONA (National Council for Children and Adolescents). Therefore, the purpose of this qualitative, socio-legal research was to identify this contradiction and examine its impact on full adoption and filial equality, thereby protecting the principle of the best interests of the child. The legal problem is described, identifying the corresponding legal gaps. Since adoption does not confer inheritance rights, this constitutes a legal contradiction, and the research concludes with a proposed reform to amend the Civil Code.