Abortion in girls and adolescents
- Topic
In Colombia a girl or adolescent may decide on abortion herself; if she is under 14, the pregnancy is presumed to result from sexual violence.
What it is
Abortion in minors brings together two duties: respecting the girl's or adolescent's evolving autonomy and protecting her from sexual violence. Resolution 051 of 2023 states that «woman» includes girls and adolescents (art. 6), that minors decide autonomously without third-party authorisation (art. 8) and that sexual intercourse with a person under 14 is presumed to be sexual violence (art. 7). Its technical annex adds that parental consent is not decisive and that third parties may join the consultation only with the patient's authorisation. The health sector reports sexual violence to the authorities, but the lack of a criminal complaint never blocks care. This page expands on the pages on consent in minors and on Resolution 051.
Structure
- Evolving autonomy: Law 1098 of 2006 recognises children (0 to 12) and adolescents (12 to 18) as rights holders, with the right to be heard (arts. 3 and 26).
- Ruling SU-096 of 2018, cited in the annex to Resolution 051, holds that minors are full holders of the right to the free development of their personality.
- Protection: below age 14 criminal law gives no weight to consent to sexual activity; so any pregnancy in a girl under 14 is treated as the result of sexual violence.
- In practice the two ideas do not clash: the girl's decision about her pregnancy is respected and, at the same time, the protection pathway is activated.
In clinical practice
- Speak first with the girl or adolescent alone, in language suited to her age, and ask whether she wants someone with her.
- If the patient is under 14, activate the care pathway for victims of sexual violence and report to the authorities, without making abortion care depend on that report.
- If the parents oppose the minor's decision, no extra barriers are imposed: her decision and her confidentiality are protected.
- If the minor decides to continue the pregnancy, that is respected too, with prenatal care and psychosocial support.
- Record your assessment of her understanding and free will in the chart.
Legal framework in Colombia
- Resolution 051 of 2023, arts. 6, 7 and 8, and section 4.2 of its technical annex (girls and adolescents; under 14s).
- Law 599 of 2000 (Criminal Code), art. 208 (abusive sexual intercourse with a person under fourteen) and art. 209 (sexual acts with a person under fourteen), as worded by arts. 4 and 5 of Law 1236 of 2008.
- Law 1098 of 2006, arts. 3 and 26. Resolution 3280 of 2018, section 13.5: in girls under 14 who have started sexual relations, the sexual violence pathway is activated.
- Texts checked on 2026-11-13 in the National Health Superintendency's official compilation and in Jurinfo, the official legal compilation of the Special Jurisdiction for Peace.
Test yourself
Think of the answer, then tap the question to see it.
Does an adolescent need her parents' authorisation to obtain an abortion in Colombia?
No. Resolution 051 of 2023 (art. 8) says minors decide autonomously, without third-party authorisation.
What does the law presume when a girl under 14 is pregnant?
That the pregnancy results from sexual violence (Resolution 051, art. 7), consistent with arts. 208 and 209 of the Criminal Code.
Can the absence of a criminal complaint delay abortion care for a girl who is a victim of sexual violence?
No. The health sector reports to the authorities, but the absence of a complaint cannot be a barrier to care.
Who decides whether the parents come into the consultation?
The girl or adolescent herself: third parties are allowed only if she explicitly authorises it.
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Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: Resolución 51 de 2023 (texto compilado) (Superintendencia Nacional de Salud, Normograma, 2023); Ley 1236 de 2008, que modifica los delitos de abuso sexual del Código Penal (Jurisdicción Especial para la Paz, Jurinfo, 2008); Ley 1098 de 2006, Código de la Infancia y la Adolescencia (Función Pública, Gestor Normativo, 2006); Resolución 3280 de 2018, rutas de promoción y mantenimiento de la salud y materno perinatal (Superintendencia Nacional de Salud, Normograma, 2018).
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