Colombian legal developments in family and child rights

Colombia is experiencing legal developments focused on family rights, parental leave, and the protection of minors.

In September 2026, the Constitutional Court addressed rights for non-traditional families through ruling SU-068 of 2026. The Court ruled that denying maternity leave to a non-gestational mother in a lesbian couple using assisted reproduction was a form of “indirect discrimination” that violated equality and social security rights. During the same period, the Seventh Commission of the Chamber of Representatives approved a bill to progressively expand paternity leave from two weeks to 12 weeks over four years to promote shared caregiving.

By October 2026, the Supreme Court of Justice issued further rulings regarding child welfare and identity. The Court determined that obstructing contact between children and a parent after a divorce constitutes a form of “domestic violence” that can harm a child's mental health. Additionally, the Court ruled that changing a minor's surname following paternity recognition is not a mechanical procedure, emphasizing that such changes must prioritize the child's social stability and identity.