Main grounds that prevent foster children to inherit in Colombia

Abstract

Foster children are one of the legal figures that have achieved recognition thanks to the Constitutional Court, which has been based on its decisions some of the constitutional principles, in the absence of legal stipulation of that figure. In this article are presented the rights that are protected by the high corporation in the seat of guardianship to foster children. Likewise, the norms that establish the hereditary vocation in Colombia are indicated, emphasizing the first order of succession. This order makes it possible to attest that foster children do not have the right to inherit their parents' assets, as marital, extramarital, and adoptive children do. However, there are formal grounds that justify such unequal treatment. Accordingly, it is established that foster children are still defenseless against Colombian law. So, it is necessary to overcome the main barriers so that this type of child can inherit from their parents and, consequently, safeguard their fundamental rights such as equality.