Abstract

GARCES JARAMILLO, Manuela  and  ESTRADA JARAMILLO, Lina Marcela. The legal nature of the resolution declaring the adoptability of a child in Colombia. rev.ces derecho [online]. 2023, vol.14, n.2, pp.88-108.  Epub Oct 30, 2023. ISSN 2145-7719.  https://doi.org/10.21615/cesder.0731.

The main objective is to determine the legal nature of the administrative act through which a decision is made to link the child and adolescent to the adoption program, in order to establish whether it is possible to exercise judicial control other than homologation in the event that it is not requested by the parties within the terms established by law. In this sense, through a qualitative methodological approach, we reviewed regulations, jurisprudence of the Courts, pronouncements of the Family Welfare Institute (ICBF) and doctrinal positions, to build a context on the scope of the aforementioned Resolution and identify the nature of the decisional act and a possible judicial control different from the homologation. Finally, it is concluded that the legal nature corresponds to an administrative act of a definitive nature and the only judicial control foreseen, different from that established by law, is the tutela action.

Keywords : declaration of adoptability; homologation; jurisdictional functions; administrative functions; administrative act; judicial control; guardianship action.

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