Ecuador Enacts Adoption Law Restricting LGBT and Transgender Families

President Daniel Noboa gave his assent on August 13, and the law entered into force on August 14, 2026. The legislation accelerates adoption procedures but adds explicit restrictions: only heterosexual individuals may adopt, and any parent who supports medical, surgical, or pharmaceutical procedures intended to “modify the biological sex” of a child can be stripped of parental authority, potentially rendering the child eligible for adoption.

Human Rights Watch

Ecuador’s Constitution already limits adoption to “different-sex couples” (Article 68). Prior to the reform, the Children and Adolescents Code favored married heterosexual couples but did not expressly bar single applicants based on sexual orientation. In April 2025, the Constitutional Court affirmed the right of a 17-year-old to change gender markers on identification documents after an individualized assessment, distinguishing civil-registry recognition from medical intervention. Subsequent rulings in 2026 reinforced transgender adolescents’ rights to gender-marker changes, highlighting a tension between judicial protections and the new legislative restrictions.

JURISTHuman Rights Watch

Human Rights Watch argues that the law “violates equality and child-rights protections” by codifying discrimination against lesbian, gay, bisexual, and transgender families. HRW warns that the parental-authority provision could deter families from seeking gender-affirming care for transgender children, fearing state intervention. The organization urges Ecuadorian authorities to amend the law, recommending that adoption decisions be based on individualized assessments of parental capacity rather than sexual orientation or gender identity. HRW also notes that the law’s language could be interpreted broadly, potentially encompassing a wide range of health-care decisions and discouraging necessary medical advice.

JURISTHuman Rights Watch

“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,” — Cristian González Cabrera, senior LGBT rights researcher at Human Rights Watch

Human Rights Watch