In Ecuador, a new law was passed to explicitly prevent LGBTQ+ people from adopting children. The Reform Law of Various Legal Bodies for the Streamlining of Adoption came into force in mid-August after it was approved by Ecuador’s National Assembly by 118 votes to nil, with 25 abstentions.
Interestingly, Ecuador already legalized same-sex marriage in 2019.
But laws related to adoption continue to be discriminatory, with the country’s constitution already restricting adoption to different-sex couples. Now, this new law goes further by explicitly requiring single adopters to be heterosexual, thereby barring LGBTQ+ people from adopting regardless of their suitability as parents.
The legislation was actually presented as a measure to speed up adoption processes, and reduce the time children spend in institutional care.
According to Human Rights Watch senior LGBTQ+ rights researcher Cristian González Cabrera, improving the adoption system is a legitimate legislative goal, but it should not be used as a pretext to entrench discrimination and undermine children’s health. “By legislating on the basis of bias and misinformation rather than evidence, Ecuadorian lawmakers are endangering children and perpetuating stereotypes based on sexual orientation, gender identity, and sex characteristics.”
The legislation has an additional anti-trans component – i.e. under the law, a parent’s “promotion” of gender-affirming medical care for a trans child may be used as grounds for terminating parental rights.
“Its formulation could encompass a wide range of health care and could deter families from seeking medical advice or supporting their trans children out of fear of state intervention,” Human Rights Watch said.
