Can Same Sex Couples Adopt Children in Colombia?

Same sex couples can now adopt children in Colombia

The Constitutional Court of Colombia in a landmark decision in 2015 stated that there can be no difference between heterosexual couples and same-sex couples in the adoption process. This decision makes Colombia the sixteenth country in the world, to allow adoption by same-sex couples.

This decision marks a change in what was happening in adoption processes for same-sex couples before. Prior to this decision, the Civil Code only allowed heterosexual couples to adopt in Colombia. Based on this decision, no couple can be rejected when starting the adoption process because of their sexual orientation. Doing so results in discrimination based on sexual orientation and violates their right to equality.

Determining factors in the adoption process in Colombia

samesexadoptionincolombiaThere are several factors that determine possible sucess in the adoption process for any couple in Colombia. Among the most important are the following:

Economic conditions of the couple that wants to adopt, as well as their psychological, age, among others.

In other words, same-sex couples still have to comply with the above factors. However, they can no longer be discriminated against for their sexual preference.

This decision opened the doors to many same-sex couples who wished they could start a family. After a long struggle of more than five years, the entities that defend gender equality finally got fundamental legal recognition.

The rights of minors in Colombia

The Colombian Constitution exalts the rights of children and adolescents above all others. That is why that decision issued by the Honorable Constitutional Court not only sought to guarantee equality for homosexual couples. It also guarantees civil and human rights of minors in the country. The decision states that orphaned children have the right to a home that provides them with quality of life and dignity. Allowing gay couples to adopt increases the chances that more children will be welcomed by new families.

Although the Court’s ruling at the time was not well received by religion fanatics. Today, it is recognized as the applicable law in adoption processes.

Marriage of same-sex couples in Colombia

Following this judgment that allowed adoption by same-sex couples, the same Court issued a judgment enabling same-sex marriages. These two decisions make Colombia one of the most equiality focused countries for these types of issues.

Marriage of same-sex couples opened the door for many couples in Colombia, whose only previous option was a civil union. These two great achievements of the LGTBI community in Colombia have allowed same-sex couples to expand their families and contribute to the good development of thousands of children and adolescents.

As with all marriages, it is wise to consult with an experienced family law attorney before making decisions. It is better to know everything there is to know about the law in regards to your specific situation. Colombian family law is quite strict and may be different than your country’s legislation.

An experienced divorce lawyer or family law attorney can help you make important decisions and protect yourself and family. Consult with one today.

Call Now Button