Ecuador has introduced new adoption rules that determine eligibility partly through sexual orientation. Under the law, couples may only adopt if they are of different sexes, while people applying alone must be heterosexual. Human rights organisations say these conditions discriminate against LGBTQIA+ people and could affect the number of suitable homes available to children.
The legislation, officially created to simplify Ecuador’s adoption system, entered into force on 14 August. All 118 members of the National Assembly who voted supported it. Its stated aim is to shorten adoption procedures so that children spend less time in foster care.
The rules for couples reflect Ecuador’s Constitution, which reserves adoption for different-sex partners. However, the Constitution does not say that single adopters must be heterosexual. It also protects people against discrimination based on sexual orientation and gender identity. LGBTQIA+ organisations argue that the new condition for single applicants conflicts with these protections. Same-sex couples have been able to marry in Ecuador since 2019.
The Ecuadorian LGBT Federation said faster adoption procedures are “a legitimate and necessary objective”, but rejected the use of sexual orientation as a requirement. “Being heterosexual does not demonstrate parental fitness,” the organisation said. It also asked how authorities would establish whether someone applying alone meets the heterosexuality condition.
A separate section of the legislation has caused concern among families with trans children. It says parents could risk losing custody for “promoting” gender-affirming care. The law does not clearly define what counts as promotion.
Human Rights Watch warned that this wording could affect children’s health and allow decisions to be based on prejudice. Researcher Cristian González Cabrera said reforming adoption is a reasonable goal but “should not be used as a pretext to entrench discrimination and undermine children’s health”.
The Ecuadorian LGBT Federation also defended families that support trans young people, stating that this “does not make a family an enemy of childhood”.
