Same-sex unions in Ecuador

Countries with civil unions in South America.

  Civil unions for same-sex and opposite-sex couples.

  Civil unions only for opposite-sex couples.

  No civil unions.

Same-sex civil unions in Ecuador , the legal term for which is "de facto unions" have been legal since the new constitution of 2008. Following various agreements between LGBTQ groups and the executive branch, same-sex civil unions were formalized on September 15, 2014.

Following the meeting held on August 18, 2014 with the LGBTQ+ Collectives, the President of Ecuador announced at the 387th citizen link the registration of de facto unions of same-sex persons as a marital status. ^{[1] [2] [3] [4] [5]} The achievement of the de facto union, which even materialized as a marital status like same-sex marriage in Ecuador, was accompanied by protests from fundamentalist groups. ^{[6] [7] [8]}

History

One of the precedents for the recognition of same-sex couples in Ecuador took place in 2004. Taking as an example the origin of common-law unions in the country, which before being legalized took forms similar to contracts, activist Elizabeth Vásquez applied in 2004 a technique she called "alternative litigation" so that LGBTQ couples could have legal recognition in the country for the first time. To this end, she created a contract that defined the terms of a "gay union" between two men named Bermeo and Carrillo. Vázquez took advantage of the fact that, as long as the clauses did not violate any law, there were no limitations on the terms a commercial contract could be defined. Among the clauses they established were the establishment of a property partnership, the exchange of engagement rings, the presence of witnesses, and even the calling of the parties "bride and groom". ^[9]

The notary who received the request initially opposed it and accused the couple of wanting to register a common-law marriage, but Vázquez showed him that it was merely a commercial contract and that, as a notary, his role was limited to attesting to the agreement reached by the parties. Thus, the contract could be notarized. ^[9]

See also

• LGBTQ rights in Ecuador
• Same-sex marriage in Ecuador

References

1. "La unión de hecho constará en la cedula de ciudadanía - Metro Ecuador". Metro Ecuador (in European Spanish). 2014-08-23. Archived from the original on 2014-11-29. Retrieved 2025-07-21.
2. Redacción (2014-08-23). "Rafael Correa: "Los colectivos GLBTI tienen todo el derecho constitucional de registrar su unión de hecho"". www.ecuavisa.com (in Spanish). Retrieved 2025-07-21.
3. "Ecuador reconoce como derecho constitucional la unión homosexual". infobae (in European Spanish). 2017-11-25. Retrieved 2025-07-21.
4. "GLBTI piden su inclusión en leyes". El Universo (in Spanish). 2014-08-23. Retrieved 2025-07-21.
5. "Ecuador Grants Same-Sex Couples Partnership Rights, and It's About Time". Bustle. 2014-08-25. Retrieved 2025-07-21.
6. AFP (2014-09-15). "Protestas por inscripción de unión de hecho entre GLBTI en Guayaquil". El Universo (in Spanish). Retrieved 2025-07-21.
7. Espinosa, Carlos (2014-09-14). "La unión de hecho constará en la cédula como un estado civil". El Comercio (in Spanish). Retrieved 2025-07-21.
8. "Críticas y creencias se expresaron en legalizaciones de unión de hecho". El Universo (in Spanish). 2014-09-16. Retrieved 2025-07-21.
9. "Wayback Machine" (PDF). flacso.repositorioinstitucional.mx. Archived from the original (PDF) on 2021-08-20. Retrieved 2025-07-21.