Human Rights Watch criticized Ecuador’s newly enacted adoption law, which took effect on August 14, arguing that certain provisions are discriminatory towards LGBT and transgender families. According to the organization, the law restricts adoption rights for lesbian, gay, and bisexual individuals and allows for the termination of parental authority over medical decisions involving transgender children, potentially breaching equality and child-rights protections. For more details, refer to this report.
The Organic Reform Law of Various Legal Bodies for the Streamlining of Adoption aims to speed up adoption processes and minimize the period children spend in institutional care. Approved by Ecuador’s National Assembly without opposition, the legislation was signed by President Daniel Noboa on August 13. While its intention was procedural efficiency, the law simultaneously enforces restrictions on adoption by same-sex individuals, explicitly requiring heterosexuality for individual adopters. This is in line with Article 68 of Ecuador’s Constitution, which limits adoption to different-sex couples, although previous legal frameworks did not explicitly exclude single applicants based on sexual orientation.
Human Rights Watch focuses on the potential impact of the legislation on parental rights, particularly concerning medical support for transgender minors. The law includes provisions that allow for the judicial termination of parental authority if parents are deemed to be supporting medical interventions to alter a child’s biological sex. This could discourage families from seeking necessary medical advice due to fears of state interference, potentially leaving the child vulnerable to become eligible for adoption if no relatives are available to assume care. The organization’s concerns align with recent Ecuadorian constitutional court decisions that have moved towards reinforcing protections for gender identity. This includes a notable ruling that allowed adolescents to change their gender information on IDs upon a comprehensive assessment of maturity and consent.
Ecuador’s constitutional landscape has increasingly acknowledged protections against discrimination based on sexual orientation and gender identity, recognizing their link to privacy and the free development of personality. Human Rights Watch is calling for amendments to the legislation, emphasizing that adoption should be determined by the prospective parent’s ability and the child’s best interests rather than their sexual orientation. For additional perspectives on the legal and social implications, further examination can be found here.