El derecho patrimonial de herencia en los hijos de crianza: avances y limitaciones en el actual contexto jurídico Colombiano.

Abstract

In Colombia, the figure of foster child has only been developed through jurisprudence and, through this means, the High Courts, especially the Constitutional Court, have recognized rights of all kinds to foster children, among which stand out: food, pensions, compensation and educational subsidies, in addition to recognizing the patrimonial right derived from the inheritance.

However, with this last right, there is a very particular situation and that is that it has been granted only to foster children recognized by their foster parents as legitimate children. Hence, it is not possible to make this recognition to foster children who have their legitimate affiliation, in the understanding that it is not possible to conceive the idea that the same person holds the marital status of biological child with respect to parents and, additionally, the marital status of foster child with respect to others.