Can I lose custody or parental rights because of my sexual orientation?

No. The basis for denying custody or depriving a person of parental authority cannot be their sexual orientation or gender identity. In order to define to whom the custody and personal care of a minor is given, when it has not been possible for the parents to reach an agreement, the ICBF or the judge must consider the best interests of the child or adolescent, depending on their age, listen to their opinion and validate their family, economic, social, psychological and cultural situation, in order to determine the most responsible and suitable adult to assume such an obligation. 

For the deprivation of parental authority, one of the grounds established by law (Article 315 C.C.) must be invoked, among which sexual orientation is not one of them:

1. For ill-treatment of a minor.
2. For having abandoned him.
3. For depravity which renders them incapable of exercising parental authority.
4. For having been sentenced to deprivation of liberty for more than one year.
5. When the adolescent has been punished for the crimes of intentional homicide, kidnapping, extortion in all its forms and aggravated crimes against freedom, integrity and sexual education and it is proven that the parents favoured these conducts without prejudice to their criminal responsibility.

In Ruling T-252 of 2016, the Constitutional Court stated that it violates the Constitution to approve conditions that limit a person from developing a life project together, such as preventing a mother or father from sharing with their children because of their gender identity, their partner's gender identity or because they are of the same sex.