Cultural changes evidenced globally and nationally, are fueling the recognition of the rights of same-sex marriage and adoption. However, in the Colombian context, the absence of substantial elements in the institution of marriage as well as major economic advantages of de facto marital unions against the conjugal partnership, and the presence of the Constitutional Court ruling that denied the possibility of adoption by same-sex couples are two aspects to discuss imposing a way of establishing the family other than marriage and the need to respect the fundamental rights of children to have a family as imposed by the Political Constitution of Colombia.