Abstract

VASQUEZ-CARRASCO, Christian Hernán; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. The power of notaries to formalize the voluntary transfer of parental authority in Ecuador. Noesis [online]. 2025, vol.7, n.esp2, pp.1293-1310.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.656.

The voluntary transfer of parental authority is a matter of great importance in family law in general and in Ecuadorian law. This study evaluates the powers and scope of Ecuadorian notaries in the formalization of the voluntary transfer of parental authority. The research employs a qualitative methodology, with a dogmatic-legal and applied approach, using theoretical methods such as analysis-synthesis and induction-deduction, together with an exhaustive documentary review and a comparative study of the law. This work is significant because it analyzes the possibility of streamlining the processes of transfer of parental authority through notarial channels, which could relieve congestion in the judicial system and prioritize the best interests of the child. In addition, it proposes a regulatory reform that would allow these legal acts to be handled through extrajudicial channels, with the aim of promoting the effective application of procedural and constitutional principles such as simplification, speed, and procedural economy.

Keywords : Voluntary transfer; notarial right; notarial powers; parental authority; regulatory reform..

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