Law 1412 of 2010: surgical contraception
- Law
The law that guarantees free vasectomy and tubal ligation to anyone who asks in writing, and forbids them in minors.
What it is
Law 1412 of 2010 authorises free vasectomy and tubal ligation as a way to promote responsible parenthood. A written request and informed consent explaining the procedure and the non-surgical alternatives are enough. It forbids surgical contraception in minors. Its article 6, on persons with mental disability, was given a conditional reading by the Court in 2016 and later repealed by Law 1996 of 2019, which recognises the full legal capacity of persons with disability. The underlying ethical question is how to respect an irreversible decision while preventing forced sterilisation.
Key articles
- Art. 1: responsible parenthood is a right and a duty; couples freely decide how many children to have.
- Art. 2: the State guarantees vasectomy or tubal ligation free of charge.
- Art. 3: the health system covers these procedures at no cost for all population groups that request them.
- Art. 4: anyone wishing to have the procedure requests it in writing from the relevant entity.
- Art. 5: the physician explains the nature, implications, benefits and effects of the procedure, and the non-surgical contraceptive alternatives; people with reading or writing difficulties are offered other ways to express their will.
- Art. 7: surgical contraception is never allowed in minors.
- Art. 8: the person is entitled to sick leave for recovery, as set by the treating physician.
- Arts. 11 to 13: define surgical contraception, tubal ligation and vasectomy.
What it covers
- Autonomy: the law does not require justifying the decision or having a minimum number of children; its text does not list the partner's signature among the requirements either.
- Irreversibility: so consent must include the reversible alternatives and the possibility of regret, especially in young people.
- A history of abuse: in several countries poor, indigenous or disabled women were sterilised without consent; current regulation seeks to prevent this.
In clinical practice
- Check that the written request and the consent come from the person themselves, without pressure from a partner, family or others.
- Inform about long-acting reversible methods as an alternative, without turning that information into a barrier.
- For persons with disability, offer supports and reasonable accommodations so they can decide themselves; their will is not replaced by a relative's.
- Resolution 3280 of 2018 (section 13.6) requires the woman's written informed consent for surgical sterilisation.
Status and official text
- Official text checked on 2026-11-13 in the National Health Superintendency's official compilation; the rulings, in Jurinfo, the official legal compilation of the Special Jurisdiction for Peace. Law 1412 of 19 October 2010 (Diario Oficial 47.867); in force from promulgation (art. 15).
- Ruling C-625 of 2010: rejected the presidential objections to the bill. Ruling C-131 of 2014: art. 7 upheld; the Court allowed very narrow exceptions, always with prior court authorisation.
- Ruling C-182 of 2016: upheld art. 6 on the understanding that the reproductive autonomy of persons with disability is guaranteed and that substitute consent is exceptional, only when the person cannot express their will after receiving every support. Ruling C-405 of 2016: «in writing» in art. 4 upheld.
- Law 1996 of 2019, art. 61: repealed art. 6 of Law 1412 of 2010; its art. 53 forbids starting guardianship (interdiction) proceedings.
Test yourself
Think of the answer, then tap the question to see it.
What formal requirements does Law 1412 of 2010 set for a vasectomy or tubal ligation?
A written request (art. 4) and informed consent explaining the procedure and the non-surgical alternatives (art. 5).
May tubal ligation be performed on a 17-year-old who requests it?
No. Art. 7 forbids surgical contraception in minors, and the Court upheld it in C-131 of 2014.
What happened to art. 6 of Law 1412, on persons with mental disability?
C-182 of 2016 gave it a conditional reading to guarantee their reproductive autonomy, and art. 61 of Law 1996 of 2019 repealed it.
Who pays for surgical contraception under Law 1412?
The health system: the State guarantees it free of charge (arts. 2 and 3).
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: Ley 1412 de 2010, que autoriza la realización gratuita de la vasectomía y la ligadura de trompas (Ministerio de Salud y Protección Social, 2010); Sentencia C-131 de 2014 (Corte Constitucional de Colombia, 2014); Sentencia C-182 de 2016 (Corte Constitucional de Colombia, 2016); Ley 1996 de 2019, régimen para el ejercicio de la capacidad legal de las personas con discapacidad mayores de edad (Secretaría General del Senado, 2019).
Spotted a mistake?We are always improving for the community. Tell us what is wrong and our team will review it.Report a mistake
Representative model, for educational purposes only.