Filiation proceedings in Colombia
Filiation is the relationship between parents and children together with the rights and obligations it implies, such as upbringing and education, care, visitation and maintenance.
It may originate from:
- The law, by presumption in cases where the child was conceived during marriage or common-law marital union with its mother or was born within 180 days of its consolidation
- Voluntary recognition
- The final judgment
- The act approving adoption
The filiation process in Colombia is initiated when the father (or mother) does not recognize the relationship with the child and this cannot be legally presumed.
The purpose of this process is the judicial declaration of filiation, and the plaintiff must prove such relationship by the means of proof available to him. 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 lead to the presumption of the alleged paternity or maternity. A new test may be requested, stating the need for it and the reasons for the error in the first test.
From the beginning of the process, the judge may take provisional measures on visitation, custody, alimony, parental authority and guardianship when deemed appropriate.