Reconocimiento herencial de los hijos de crianza

Abstract

As humanity evolves it also brings changes in the concept of family, which necessarily leads to the transformation of the law according to the needs of society, therefore, the administration of justice must ensure the access of children to the inheritance regime including also the so-called foster child, so it is distinguished that foster families have already been constitutionally recognized. In our country the idea of family starts from the importance of being an institution that is considered a fundamental nucleus of our society and that unquestionably is given constitutional protection; it is important to mention that currently there are various types of families, among them the foster family as indicated in the Ruling T-070/15 issued by the Constitutional Court (2015), is defined "as those that are born by relationships of affection, respect, solidarity, understanding and protection, but not by blood ties or legal ties". The rulings issued by the Constitutional Court and the Supreme Court of Justice have determined that these foster links lead to acquire both obligations and rights, as an example, is to be creditors of the inheritance of their foster parents; this figure is important because following this it has been possible to establish those requirements that can provide equality in inheritance matters with respect to foster children compared to the descendants of the closest degree and which must be guaranteed by the judicial decisions of the High Courts.