Colombia: The New Law 2388 of 2024 Allows the Recognition of Foster Children (minors raised by workers) and Foster Families (families united by emotional bonds)

On 26 July 2024, the Colombian Congress enacted Law 2388 of 2024, marking a significant step forward in recognizing families tied by emotional bonds and the rights of their members.

In Colombia, the Constitution not only safeguards consanguineous relationships and legal ties but also extends protection to emotional and affective bonds within foster families. Consequently, Congress has enacted legislation to formally recognize the rights and responsibilities associated with foster children, ensuring they receive the same legal protections as biological or legally adopted children.

This new law redefines the concept of family by including relationships based on affection and care regardless of biological ties. It extends equality in areas such as pension and inheritance rights, among others, ensuring that foster children receive the same treatment as biological or adopted children.

One of the main changes introduced by this law is the amendment of Article 47 of Law 100 of 1993, which includes foster children as beneficiaries of the survivor’s pension under the following conditions:

• Foster children under 18 years of age
• Foster children over 18 with disabilities
• Foster children over 18 and up to 25 years old who were financially dependent on the worker due to their studies

According to the new law, this recognition will be granted when the worker has fully replaced the foster child’s biological family in emotional and financial terms. To establish this bond, the foster parent must present evidence to both the employer and the social security system, supported by a final judicial decision of a public deed.

This modification and new rules for proving foster family status will modify the recognition of benefits that currently workers receive for their biological or adopted by law children.

For additional information on any matter related to labour issues in Colombia, please contact Angélica María Carrión Barrero (Partner) of López & Asociados at angelica.carrion@lopezasociados.net or visit www.lopezasociados.net