Abstract

VILLAVICENCIO-ZUMBA, Juan Diego; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Waiver of parental authority to a third party by prior agreement in the Ecuadorian context. Noesis [online]. 2025, vol.7, n.esp2, pp.244-258.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.550.

Parental authority is the set of rights and obligations exercised by parents over their unemancipated or minor children. Under Ecuadorian law, judicial powers have been strict, as have the regulations, granting certain powers exclusively to judges, despite the existence of auxiliary bodies of the judiciary. This research seeks to analyze the powers and positive effects of expanding these powers in notarial law, granting notaries the power to formalize the voluntary renunciation of parental authority. Using a qualitative approach, it examines Ecuadorian doctrine, jurisprudence, and regulations on the repercussions of granting certain powers to notaries. Interviews are used to demonstrate the importance and feasibility of expanding notarial powers, guaranteeing legal certainty, but in significantly shorter times, avoiding unnecessary delays and lengthy judicial proceedings.

Keywords : Parental authority; voluntary renunciation; notarial powers..

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