Abstract

HERRERA-CASTELLANO, Ángel Hermidas; PROANO-REYES, Gladis Margot  and  LACH-TENECOTA, Wladimir. The failure to declare children and adolescents in Ecuador eligible for adoption. Noesis [online]. 2025, vol.7, n.esp1, pp.1997-2016.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.575.

The declaration of adoptability is the document that establishes with certainty the legal eligibility of a child or adolescent to be adopted, after verifying the alleged cause in accordance with the Ecuadorian Code on Children and Adolescents. Once the declaration of adoptability has been made, the judge must notify the Technical Adoption Unit within a maximum period of ten days from the date on which the judgment became final. Any delay, even at the judicial stage, constitutes a violation of rights, especially the right to have a family and enjoy family and community life, in accordance with the principle of the best interests of the child. The objective of this research is to identify the rights violated by the lack of a declaration of adoptability in memores who remain in institutional care centers, through a documentary review that conceptualizes and characterizes the figure and legal implications.

Keywords : Declaration of adoptability; best interests of the child; children's rights..

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