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COMPARATIVE LAW ANALYSIS FOR THE ADOPTION OF 18 YEAR OLDS

Abstract:

Adoption in Ecuador has always been exclusively for persons under 18 years of age; there are four exceptions allowed by article 157 of the Childhood Code, to adopt those who have reached 18 years of age, but in no case may persons over 21 years of age be adopted. In all cases, the adoption procedure includes an administrative and judicial phase. In Peru, the adoption of persons over 18 years of age is allowed, with the significant difference that this procedure is governed by the Civil Code and the Code of Civil Procedure, which is fast and efficient because it has its own procedure, effects, and requi-rements, which is not the case in Ecuadorian legislation. This research is developed under the qualitative paradigm, with descriptive and exploratory scope, using historical, deductive, documentary analysis, exegetical methods from a doctrinal theoretical perspective, with comparative legal analysis; the interview and bibliographic were the techniques used, suppor-ted respectively with the interview guide and bibliographic files. It was possible to conclude that it is necessary to have an agile procedure on adoption for persons over 18 years of age.