Are you living in Spain or planning to move to the country and are you expecting a child? If you are in this situation, it is normal to wonder whether your baby will automatically obtain Spanish nationality at birth. The answer to this question depends on various legal factors, such as the nationality of the parents, the laws of their country of origin and the requirements established by the Spanish Civil Code.
Spain does not automatically grant nationality to all children born in its territory, unlike other countries that apply the principle of ius soli (right of soil). However, there are exceptional circumstances in which a baby born in Spain can be Spanish immediately.
In this article, we explain in detail in which cases a baby obtains Spanish nationality directly, what to do if this is not the case and how to apply for Spanish nationality by choice. We also show you the steps to follow and the documents needed to process your child’s nationality correctly.
Table of contents:
Do you want a expert consultation? Contact us and we will help you.
Nationality by presumption: What is it? Being Spanish directly as the child of a foreigner
In Spain, nationality is not automatically granted to all children born in the country. This is because the Spanish system follows the principle of ius sanguinis (right of blood), which means that nationality is passed down from parents to children. However, there are certain exceptions in which a baby born in Spain can directly obtain Spanish nationality.
This mechanism is called nationality by presumption, regulated in article 17.1 of the Spanish Civil Code. It applies when a child born in Spain cannot obtain the nationality of their parents under the laws of their country of origin.
In what cases does a baby born in Spain obtain nationality directly?
A child born in Spain can obtain Spanish nationality immediately if they are in any of the following situations:
- If the parents are stateless, that is, they do not have an officially recognized nationality.
- If the legislation of the parents’ country does not grant nationality to children born abroad.
- If the laws of the parents’ country prevent the registration of the baby as a citizen.
For these cases, Spain has identified 10 countries whose citizens can apply for nationality by presumption for their children born in Spanish territory:
- Argentina
- Bolivia
- Brazil
- Cape Verde
- Colombia
- Costa Rica
- Cuba
- Guinea-Bissau
- Paraguay
- Peru
If the parents are nationals of any of these countries and their child is born in Spain, they can go to the corresponding Civil Registry to apply for Spanish nationality by simple presumption.
This procedure is quick and allows the baby to be registered as Spanish from birth, without the need to wait for additional deadlines.
Process of obtaining nationality after birth in Spain
If your child does not meet the requirements to obtain Spanish nationality automatically by presumption, there are still other ways to obtain it.
In these cases, the baby is born with the nationality of his or her parents and maintains that status until he or she meets certain legal requirements that allow him or her to apply for Spanish nationality by option.
Nationality by option: When can it be applied for?
Spanish nationality by option is a right that allows certain foreigners to obtain Spanish citizenship under specific conditions.
Children born in Spain are eligible for Spanish nationality if they meet any of the following requirements:
- If they have legally resided in Spain for at least one year.
- If either of their parents acquires Spanish nationality after the child’s birth.
- If they are minors adopted by a Spanish citizen.
Deadlines for applying for nationality by option:
- Before the age of 18: Parents can submit the application on behalf of the minor at any time before he or she comes of age.
- After the age of 18: If the person concerned did not apply for nationality during his or her childhood, he or she has up to two years after the age of 18 to apply for it by option.
If these requirements are met, the child can acquire Spanish nationality legally and permanently.
Steps to apply for Spanish nationality by option
If your child did not obtain Spanish nationality at birth, but meets the above requirements, these are the steps to follow to apply for nationality by option:
1- Gather the necessary documentation
For the process to be approved, it is essential to present all the documentation in order and without errors. These are the documents that must be presented to the Civil Registry:
- Child’s birth certificate, issued by the Spanish Civil Registry.
- Parents’ passport and valid NIE.
- Certificate of registration showing the child’s residence in Spain.
- Proof of legal residence of the parents, if applicable.
- Official application form for nationality by option.
2- Submit the application to the Civil Registry
Once the required documents have been gathered, the application must be submitted to the Civil Registry corresponding to the minor’s address. It is advisable to request an appointment to avoid unnecessary waiting.
3- Await the resolution of the application
The Ministry of Justice is responsible for evaluating the application and issuing a resolution. The response time varies, but in general terms, the process can take between 6 and 12 months.
If nationality is granted, the child will be able to obtain his or her Spanish ID card and passport, with all the rights that this entails.
Do you want a expert consultation? Contact us and we will help you.
Benefits of having a child in Spain as a foreigner
Having a child in Spain can bring multiple benefits for the family, beyond the possibility of the child obtaining Spanish nationality. These benefits include legal stability, access to essential rights and migratory advantages for the parents.
Spain is a country with a welfare system that protects minors and guarantees their access to basic services such as free education and healthcare. In addition, the birth of a child in Spain can facilitate the regularization of the parents, allowing them to obtain a residence permit that provides them with greater security and opportunities.
Below, we analyze in detail the main benefits of having a child in Spain as a foreigner.
Regularization of parents through family ties
One of the most important benefits for foreign parents who have a child in Spain is the possibility of applying for a residence permit based on family ties. This permit allows the immigration status of the parents of a Spanish child to be regularized, without the need to meet the general residence requirements, such as the minimum length of stay in the country.
Who can apply for family ties?
To qualify for this permit, parents must meet the following requirements:
- Be the father or mother of a minor of Spanish nationality.
- Demonstrate that they live with the child in Spain. If they do not live together, it is necessary to demonstrate that the father or mother fulfills their economic and family responsibilities.
- Not have a criminal record in Spain or in the country of origin.
Family ties are one of the most effective ways for foreign parents to obtain a residence permit in Spain, which allows them to live and work in the country legally.
How long does the residence permit for family ties last?
This permit has an initial duration of one year, but it can be renewed if the cohabitation with the child is maintained or if the parent continues to fulfill his or her family duties.
Furthermore, this permit allows the holder to work in Spain, either as an employee or as a self-employed person (freelancer or entrepreneur), offering greater economic and employment stability to the parents of the child.
Access to free education and healthcare
Another of the most significant benefits of having a child in Spain is that the child, regardless of the immigration status of his or her parents, is entitled to free healthcare and education.
Access to free healthcare:
All children born in Spain have the right to free public healthcare, which means they will have access to:
- Medical assistance in public hospitals and health centers.
- Free vaccination and quality pediatric care.
- Medical treatments at no cost to the Social Security.
This is a great advantage for foreign families, as it guarantees the child’s well-being and health regardless of the parents’ immigration status.
Free education in Spain:
The Spanish education system is free and accessible to all children residing in the country, including those who are children of foreigners.
Minors can:
- Enroll in public and charter schools.
- Access scholarships and school grants.
- Receive free compulsory education until the age of 16.
This benefit guarantees a quality education for the child, which represents a long-term advantage for their personal and professional development.
Possibility of dual nationality
Spain allows dual nationality with certain countries, which means that a child born in Spain can keep the nationality of their parents and, at the same time, be a Spanish citizen.
Which countries allow dual nationality with Spain?
Spain has dual nationality agreements with the following countries:
- Ibero-American countries (such as Argentina, Mexico, Colombia, Venezuela, Peru, among others).
- Andorra.
- The Philippines.
- Equatorial Guinea.
- Portugal.
Thanks to these agreements, children born in Spain to parents of these nationalities can maintain both citizenships without having to renounce either.
What are the advantages of dual nationality?
- Access to more rights and opportunities in both countries.
- Ease of travel and residence in any country in the European Union.
- Greater flexibility to study or work abroad.
- No loss of cultural and legal ties with the parents’ country of origin.
This is especially beneficial for foreign families who want their children to maintain their identity and connection with their country of origin, but without losing the advantages of being a Spanish citizen.
Nationality of a child born in Spain to foreign parents
Obtaining Spanish nationality for a child born in Spain to foreign parents is a process that can open many doors for both the child and their family. Depending on the parents’ nationality and legal situation, the baby can be Spanish from birth or have the option of applying for nationality later.
If you are expecting a child in Spain or want to make sure that your baby obtains Spanish nationality in the best possible way, getting well informed and planning each step in advance will be key to guaranteeing a stable and secure future for your family. If you have any questions about the process or need personalized advice, do not hesitate to contact us. Our professionals are ready to help you through this process!
Do you want a expert consultation? Contact us and we will help you.
Disclaimer: This article is for informational purposes only and may contain errors or be outdated. It does not constitute legal advice. For an updated initial consultation, contact us. One of our expert attorneys will assist you.
