Colombia advances parental leave reforms and family rights

Colombia is seeing significant legal and legislative developments regarding parental leave and family diversity. The Constitutional Court issued ruling SU-068 of 2026, addressing a gap in regulations for non-traditional families. The case involved a lesbian couple using the ROPA (Reception of Oocytes from the Partner) assisted reproduction technique. After the gestational mother became incapacitated due to childbirth complications, the non-gestational mother—who provided the eggs—sought maternity leave. The health provider (EPS) had initially only granted 14 days of paternity leave, arguing maternity leave was reserved solely for the gestational mother. The Court ruled this was a form of indirect discrimination that violated rights to equality and social security.

Simultaneously, the Seventh Commission of the Chamber of Representatives approved the first debate of a bill to progressively expand paternity leave. The proposal aims to increase leave from two weeks to 12 weeks over a four-year period. The initiative seeks to promote shared caregiving responsibilities, noting that according to DANE, 89.8% of women participate in unpaid care work compared to 65.2% of men. The expansion would apply to both births and adoptions. While supporters emphasize gender equality and child welfare, some representatives have called for fiscal support for small and medium-sized enterprises to mitigate potential employment impacts.