On 28 March 2016, the draft law entitled: Organic Health Code, which establishes relevant public health policies, such as the production, sowing and harvesting of cannabis, the confidentiality to be maintained by health professionals in the event of abortions of any kind under obstetric emergency, the procedures for defining sex in adolescents, the restriction of conscientious objection, the subrogation of others. This scientific research test analyses the legal implications of the regulation of surrogacy, a procedure also known as rental earners. A study presented from a technical – legal point of view, with emphasis on the case studies given to us by comparative law, will enable objective conclusions to be drawn from science, ethics and legal application. It will provide the Ecuadorian legislator, a legal source for the acceptance or repeal of the article related to assisted reproduction.