Abstract

DOMINGUEZ-ENCALADA, Alexander Napoleón; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesús. Voluntary transfer of parental rights by notary public. Noesis [online]. 2025, vol.7, n.esp2, pp.4-21.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.472.

The research analyzes the voluntary transfer of parental authority through a notarial deed, highlighting its complexity and legal implications. Parental authority encompasses the rights and duties of parents over their children, and its transfer through a notary can facilitate emancipation and guarantee minors' access to certain rights. The intervention of the notary ensures legality, protection, and transparency, constituting a flexible alternative to judicial proceedings, especially in cases of separation or divorce. However, current regulatory limitations restrict this power. Therefore, it is proposed to incorporate into Article 18 of the Notarial Law of Ecuador the possibility of formalizing these transfers, which would reduce the judicial burden and better respond to contemporary family dynamics. The proposal is based on current legislation, doctrine, and jurisprudence, and seeks to strengthen the legal protection of children, making the system more efficient and guaranteeing their rights.

Keywords : Parental authority; voluntary transfer; notary office; legal reform; protection of minors..

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