Paternity contestation in Colombia

The father (or mother) who does not believe he/she is biologically related to the child or the child who believes the same with respect to his/her father (or mother) may sue for the conclusion of the filiation link by contesting paternity in Colombia.

Who can file a paternity challenge in Colombia?

The alleged father (or mother) may initiate the contestation process within 140 days of learning that he is not biologically related to his child. The child or whoever proves to be his or her biological parent may request the challenge at any time.

The heirs of the presumed father or mother may contest paternity in Colombia within 140 days after they acquired knowledge of the death or birth of the child whose relationship is in doubt. However, they may not contest if the parent has expressly recognized the child as his or her own in a will or other public instrument.

If the heirs have entered into possession of the assets of their father or mother without contradiction of the alleged child, they may oppose an eventual dispute over their rights by contesting paternity in Colombia, at any time.

The ascendants (parents and grandparents) of the alleged father or mother may contest paternity even if they have no share in the succession of their children, but may only do so within 140 days of learning of their death.

Formalities

During the process filiation will be presumed and the alleged father (or mother) will have the burden of proof. To prove that this link does not exist, even if there is a legal presumption that there is, i.e., he was conceived during marriage or common-law marital union with his mother or was born within 180 days of its consolidation, there will be freedom of proof, including, but not limited to, genetic proof.

However, pursuant to Article 386 of the General Procedural Code, in any case, the judge, even ex officio and unless the defendant does not oppose the claims, will order the practice of a test with genetic markers or the corresponding test according to scientific advances.

The defendant’s refusal to take the test will presume the alleged objection. A new test may be requested, stating the need for it and the reasons for the error in the first test.

When there is a final judgment declaring the non-existence of the relationship with the child, the contestant shall be entitled to compensation for the damages caused.