Limite al grado de consanguinidad para la búsqueda de familia extensa de niños, niñas y adolescentes que se encuentran dentro de un proceso administrativo de restablecimiento de derechos en Colombia

Abstract

The following research analyzes the limits to the degree of consanguinity in the search for the extended family among children and teenagers, aiming to identify the importance of children rights during the administrative procedure for restoration of rights in Colombia and the protection to the right to have a family. Henceforth, through the literature review and the evaluation of the law regarding this matter, this paper identifies the procedure to guarantee children rights. Considering the above, the study applied a socio-juridical approach through a review from books, academic papers, national and international legislation, and the jurisprudence of national courts to study the aspects which define the limits to the degree of consanguinity in the search for the extended family. Finally, this investigation concludes that the ICBF through the administrative process of restatement of rights must exhaust the search of the minors extended family members, which affects negatively and slows down the implementation of other options such like the right to be adopted. Furthermore, it is conceived that the family’s advocate should exhaust the mentioned process to consider other options to reinstate the children right to have a family.