Diferencias entre el marco legar Colombiano y la jurisprudencia nacional frente a los elementos de reconocimiento del hijo de crianza en los periodos 2008 a 2019.

Abstract

The purpose of this monograph was to study the differences between the Colombian legal framework and national jurisprudence against the elements of recognition of the foster child in the periods 2008 to 2019. The research methodology was through a qualitative approach, the research design was documentary and the research level was descriptive. Which led to the establishment that in Colombia there is no legal framework that establishes the rights and duties of the foster family, since it is subject to biological and legal children, excluding foster children and thus their formation as a family. The jurisprudence, on the contrary, adds to these conformations, the de facto relationship, which are created from respect, protection and solidarity, which are “unequivocal manifestations of the ontological meaning of family” and which he calls foster children (Supreme Court, 2018, para. 2). This new model conforms to the social and pluralistic context that is currently lived, also meets the constitutional requirements where it states that the family is the fundamental nucleus of society, being the Social State of law must ensure that the population can exercise their rights without any discrimination for reasons of family origin among others. Therefore, the family cannot be subject to a legal framework but to the needs, that current society is immersed in.