Abstract

ZAMBRANO-MENDOZA, Esdrina Maricela; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Legal protection of the best interests of minor children conceived in previous relationships. Noesis [online]. 2025, vol.7, n.esp2, pp.279-296.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.552.

The research focused on a doctrinal and legal study on the protection of the best interests of minors in the context of common-law unions in Ecuador. The objective was to propose basic legal guidelines that guarantee the rights of children conceived in previous relationships when their parents formalize this union. To this end, documentary analysis was applied as an empirical method, reviewing doctrines and jurisprudence that supported the proposal. The approach was mixed, with a predominance of qualitative and philosophical-legal aspects, supported by comparative law with Colombia and Chile. These legislations regulate the situation of minors more clearly, unlike Ecuador, where there are gaps in the Civil Code and the Notarial Law. This regulatory absence leads to a lack of uniformity in the criteria applied by the competent officials. As this is a vulnerable group, any decision must ensure that their fundamental rights are not violated.

Keywords : Best interests; protecting rights; legal guardianship; curatorship..

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