Civil liability implications in cases of nonviability of embryo transfer due to medical or legal causes

Abstract

This research analyzed the civil liability arising from the supervening impossibility of transferring cryopreserved embryos in Ecuador, a country lacking specific regulations on assisted human reproduction. It addressed the legal status of the preimplantation embryo, the scope of informed consent, and potential liability scenarios concerning the loss, unauthorized use, or indefinite storage of embryonic material. The objective was to determine the legal implications of such impossibility within the Ecuadorian legal framework. Using an analytical legal and comparative methodology, relevant international laws and precedents were examined. The study concluded that, although the embryo does not have full legal personality, it constitutes a legally protected interest requiring high standards of diligence, traceability, and informed consent. The absence of regulation generates legal uncertainty and a risk of litigation. As a result, the study proposes the enactment of a specific law governing the fate of embryos and the adoption of a special regime of strict liability to ensure full reparation for the loss of reproductive opportunity.