Ecuador sets new rules for international adoption agencies

The Ministry of Human Development issued Ministerial Agreement MDH-DM-2026-0012-A, which establishes the rules for the accreditation, signing of intermediation agreements, monitoring, and evaluation of international adoption intermediary bodies operating in Ecuador. The regulation was signed by Minister Zaida Elizabeth Rovira Jurado on June 2, 2026, and published in the Official Registry Supplement No. 382, on Friday, October 2, 2026, entering into force upon its publication.

Repeal of a Questioned Instruction

The new framework repeals Ministerial Agreement No. 000138, dated February 24, 2016, published in Official Registry Supplement 101 on October 17, 2017, which contained the instructions for the authorization of operation and the signing of agreements with international adoption intermediation entities.

The decision is based on a technical feasibility report approved by the Undersecretariat of Special Protection, according to which several requirements of the previous instrument lacked legal basis and were incompatible with international regulations and the criteria of the Internal Revenue Service, which considered it improper to recognize economic activity in the country for those entities. The process originated in memorandum MDH-VDS-2026-0270-M, dated May 7, 2026, from the Vice Ministry of Social Development.

The Ministry of Human Development serves as the Central Authority for international adoptions, through the Directorate of Adoptions, in accordance with the 1993 Hague Convention and the Code for Children and Adolescents.

Accreditation, Deadlines, and Renewal

Accreditation enables an organization to manage the adoption of Ecuadorian girls, boys, and adolescents by families residing in other States. Its main conditions are:

Validity of five (5) years from issuance, revocable for non-compliance.
Renewal requested ninety (90) calendar days in advance.
Analysis of the request by the responsible technician within fifteen (15) business days.
A period of thirty (30) days to complete documentation, extendable up to sixty (60) non-extendable days; if not corrected, the petition is archived.
Technical recommendation report within a maximum of fifteen (15) days and accreditation resolution within five (5) days.
Documentation translated into Spanish, notarized and apostilled, submitted in physical and digital format.

Requirements include non-profit legal status, a current accreditation document from the country of origin, criminal record certificates for directors, a sworn statement regarding the lawful origin of funds, and a statistical summary of adoptions for at least the last five years.

Intermediation Agreements and Post-Adoption Monitoring

Every organization with current accreditation must sign an agreement with the Central Authority before mediating. Agreements may not have a duration of less than five (5) years, and their renewal requires a request ninety (90) days in advance, in addition to an accountability report.

Obligations include:

Guaranteeing post-adoptive follow-ups for two (2) years, with quarterly frequency during the first year and semi-annual frequency during the second.
Providing comprehensive health, social work, psychology, and legal assistance services.
Ensuring that foreign families have mastery of Spanish or an intermediate level of learning.
Providing the Central Authority with administrative and financial information and avoiding improper payments or considerations.
Designating a representative in Ecuador, Ecuadorian by birth or naturalization, with a third-level degree and at least five years of experience in adoptions.

The representative may not have a criminal record, be a public servant, nor represent more than two organizations. The Central Authority may unilaterally terminate the agreement due to breach of obligations, lack of documentary authenticity, or violation of the Constitution, the Code for Children and Adolescents, and international instruments.

Impact for families and organizations

The execution of the regulation is entrusted to the Vice Ministry of Social Development, through the Undersecretariat of Special Protection. Agreements entered into before the issuance of the accord shall be governed, until their termination and closure, by the regulations in force at the time of their signing.

The change directly affects foreign adoptive families and accredited international organizations, which must readjust their documentation, their legal representations, and their post-adoptive follow-up schemes to a regime with stricter deadlines and greater financial control.

Source: Official Registry Supplement No. 382, Friday, October 2, 2026, Executive Branch, pp. 2-16 (official reference: MDH-DM-2026-0012-A).