According to the Article 88 of Decree 2737 of 1989 – Minor Code – The adoption concept is defined as: “A protection action under the supreme vigilance of the State, which establish in an irrevocable way, the paternal- filial relation between the people who do not have it by nature”.
Adoption is a mechanism which tries to materialize the right of the child to have a family: Therefore the institution is structured to preserve always the superior interest of the child and his rights prevail over those of the others - CP Art. 42- .
The goal of adoption is “the establishment of a true family such as the one that exists between the people united by blood ties with all the rights and duties that they share. "Because of the adoption, the adopting party is obliged to take care and assist the adoptive child, to educate him, to support him, to love him and to supply him all the necessary conditions to grow up in a welfare environment, affection and solidarity".- Sentences C 562 of 1995, C. 477-1999.
Gratuitousness of the adoption
The Colombian law sets by the Minor Code the following prescriptions to be strictly fulfilled: Neither the Colombian Family Welfare Institute nor the Authorized Institutions to develop adoption programs can collect directly or indirectly any retribution for the handling of a child who is going to be adopted. In any event, any compensation can be given to the parents because of giving their children in adoption or to perform any pressure on them to obtain their consent…”
The adoption has two phases: Administrative: Followed before the ICBF to declare the child adoptable. Judicial: The adoption is decreed by a Court Order which establishes the paternal- filial relation.
The technical alignments allow to the ICBF to select the families which will guarantee for the child a balanced and safe home with a harmonic development. A high priority proceeding is given to those children with physical, mental or sensorial disabilities, groups of more than two children, native children who possess special protection and some infants older than 7 years. All of them have high priority and immediate proceeding to their family assignment.
Legal Guidelines
The Colombian Political Constitution - Article Forty Four
Decree 2737 of 1989 - The Minor Code
Children Rights International Convention and Children Protection and Co-Operation Agreement in respect of Intercountry Adoption signed in The Hague Conference.
Internal Guidelines of the ICBF (Colombian Family Welfare Institute
Administrative coordination of the process corresponds to the Adoptions Group belonging to the Sub-direction of Direct Interventions of the Colombian Family Welfare Institute.
The process is solved by the Adoptions Group belonging to the Sub-direction of Direct Interventions, the ICBF Regional Offices and Agencies and Institutions authorized by the ICBF to develop adoption programs according to the residence of the requesting parties.
The adoption requests are studied and analyzed in a strict chronologic order of arrival to give the corresponding answer.
The Colombian citizen requests in Colombia and outside have preference.
