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ES What can I do if I am told that I cannot register the names of both mothers or fathers on the birth certificate of our daughter, son or daughter's child?
You can file a complaint with the National Registry of Civil Status, the Superintendence of Notaries and Registry, as well as with the Ombudsman's Offices for Constitutional and Legal Affairs and for Children, Youth and the Elderly of the Ombudsman's Office, all entities that the Constitutional Court invited to follow up on the [...]
What is the pension?
This is a monthly payment received by workers, whether dependent or self-employed, at the time of their retirement, in accordance with the contributions they have made during their working life to a mandatory pension fund.
Can LGBTIQ+ couples have access to each other's pension when the other person dies?
Yes, in Colombia the Constitutional Court has recognised that in the case of same-sex couples, when one dies, the surviving partner has the right to claim the pension to which the deceased was entitled or the contributions he or she had made, in the event that he or she did not meet the requirements for the pension [...].
What are the requirements to access the pension of my partner who died if we were an LGBTIQ+ couple?
The requirements for accessing the pension of a partner who dies are the same as those applicable to heterosexual couples: Copy of the civil registry of death of the deceased. Copy of the birth certificate of the applicant or copy of the baptismal certificate, if born before 1938. Copy of the identity document of [...].
What can I do if I am denied my pension rights because I am LGBTIQ+?
If you are denied the right to a pension on the grounds of your gender identity and/or sexual orientation, you can appeal against the decision of the pension fund denying you the right to a survivor's pension. It is advisable to consult with a legal professional of the [...]
If my partner and I were never married and never did any legal act to certify our union, could I have access to his pension in the event of my death?
Yes, you can prove that you are living together as a common-law couple (UMH) using all the means of proof available to you. For example, through extrajudicial statements from third parties who are witnesses to your relationship, photos, your affiliation as a beneficiary of health services, the fact that you have had children together, among others.
If my partner was previously married but not divorced and has now been with me for more than two years, who would have the right to access my partner's pension in the event of my partner's death?
A prerequisite for receiving the deceased's pension is that you have lived with the person for the last 5 years, so only if this condition is fulfilled before the death, you may be entitled to the pension. In addition, if your partner is still married at the time of death, both persons (spouse and partner) are entitled to the pension.
Does the maintenance claim also apply to LGBT couples?
Yes, maintenance obligations also exist between same-sex partners and therefore enforcement actions such as criminal complaints for failure to provide maintenance and the setting of a maintenance quota are also applicable. Note: Between partners (when there is marriage or common-law marriage), maintenance can be requested when [...]
What is equal marriage?
This is the way to refer to a civil marriage between people of the same sex or transgender people. It is called egalitarian to emphasise that it is the same marriage that exists for heterosexual couples, but the same procedure must be applied and the same requirements of the marriage contract must be applied.
Can I marry a person of the same sex in Colombia?
Yes, couples consisting of two men, two women, a cisgender man and a trans woman, a cisgender woman and a trans man, or two trans or non-binary people can get married in a civil marriage just as a heterosexual cisgender couple can.
