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Disclaimer / Limitations
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Stillbirth Reporting
Colombia
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Colombia
Stillbirth Reporting
Universal Reporting
Universal Reporting
Definition
Does the law provide a definition of fetal death? If yes, does the definition of fetal death accord with international guidelines?
Yes fetal death is defined by law but does not accord with International Guidelines
Recommended Practice based on International Guidelines
Death prior to the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of the pregnancy.
Death of an embryo or fetus may be diagnosed in utero by absence of heart sounds, confirmed by imaging techniques where available, or after the complete expulsion or extraction from a woman by absence of signs of life. Signs of life at birth include breathing, beating of the heart, pulsation of the umbilical cord and definite movement of voluntary muscles whether or not the umbilical cord has been cut or the placenta is attached. Any such signs of life indicate a "live birth" even if that is followed by death very shortly afterwards.
Yes. Article 90 of the Colombian Civil Code defines fetal death as follows: “The creature that dies inside the mother’s womb, or that dies before being completely separated from the mother, or that did not survive the separation for at least a moment, will be reputed as not having ever existed.”
This definition partially overlaps with international guidelines (death before complete expulsion) but adds that a newborn who does not survive “even a moment” after separation is also treated as never having existed. International definitions classify any newborn showing signs of life, even briefly, as a live birth followed by neonatal death.
Does the law provide a definition of, or criteria for stillbirth? If yes, does the definition of or criteria for stillbirth accord with international guidelines?
No
Recommended Practice based on International Guidelines
A stillbirth is a sub-category of fetal death, that meets criteria defined by the country. Stillbirth is the complete expulsion or extraction from a woman of a fetus, following its death prior to the complete expulsion or extraction, at 22 or more completed weeks of gestation.
For international reporting it is recommended to report stillbirths of 28 or more completed weeks of gestation (late stillbirth). Countries with ability for reporting stillbirths of 22 or more completed weeks of gestation (early stillbirth) are recommended to do so. When information on gestational age is unavailable for spontaneous abortion or stillbirth, use birthweight less than 500 grams as the criteria.
Colombian law does not provide a standalone legal definition of stillbirth. The Civil Code (Article 90) only defines fetal death, stating: “The being that dies inside the mother’s womb, or that dies before being completely separated from the mother, or that did not survive the separation for even a moment, will be reputed never to have existed.”
Decree 1260 of 1970 (Article 78) refers to “stillborn” babies only to indicate that their death is not recorded in the death registry, but it does not define stillbirth.
Law Source
Reporting
What system(s) are used to report stillbirths?
Health Sector
Recommended Practice based on International Guidelines
Reporting and recording of stillbirths only has a statistical function. There is no legal or administrative function. In some countries, the process for reporting stillbirths is through the civil registration system, in a similar manner as for reporting and registering births and deaths, so that statistics can be generated via the Vital Statistics procedures. In other countries stillbirth reporting is done only within the health sector. Some countries have a hybrid systems with reporting undertaken through both systems.
Stillbirths in Colombia are reported only through the health sector, not through the civil registration system. Law 9 of 1979, Articles 523-525 requires physicians to complete a Fetal Death Certificate, which is used solely for medical and statistical purposes. Joint External Circular 0037 of 2015 confirms that fetal death certificates “are not subject to civil registration” and are only issued physically when parents request a burial or cremation. Resolution 1346 of 1997 standardizes the formats used for recording fetal deaths within the health information system.
