Spanish Citizenship for Children Adopted by Spanish Citizens: Requirements and Full Process

Adoption by a Spanish citizen gives the right to Spanish citizenship. But that right is not always automatic, it doesn’t work the same way for minors as it does for adults, and in the case of international adoptions it depends on factors many families don’t discover until they’re already in the middle of the process. Understanding how it works from the start saves time, money, and avoidable frustration.

This guide explains the two scenarios under Article 19 of the Civil Code, the differences between domestic and international adoption, what documents are required, and why the type of adoption established abroad can complicate everything.

Do Children Adopted by Spanish Citizens Have the Right to Citizenship?

Yes, but with important nuances. Article 19 of the Civil Code sets out two clearly distinct scenarios depending on the adoptee’s age at the time of adoption:

• Minor under 18 adopted by a Spanish citizen: acquires Spanish citizenship by origin from the moment the adoption is established. This is not a subsequent application: citizenship is born with the adoption.
• Adult over 18 adopted by a Spanish citizen: does not acquire citizenship automatically. They have the right to opt for Spanish citizenship by origin within two years of the adoption being established. If that window passes without exercising the option, the right expires.

In both cases, the citizenship acquired in this way is considered Spanish citizenship by origin. This has an important consequence: the adoptee is legally equivalent to someone who is Spanish by birth. It is citizenship by origin even when acquired through adoption.

For a complete overview of all the scenarios in which Spanish citizenship by birth and by filiation can be obtained, including through adoption, our reference guide covers everything.

Differences Between Domestic and International Adoption: What Changes for Citizenship

The path varies significantly depending on where the adoption originates.

Domestic adoption is the simplest case: the Spanish court ruling establishing it is sufficient to initiate registration in the Civil Registry and, with it, the effectiveness of the minor’s citizenship.

International adoption is more complex because the Spanish Civil Registry must verify that the foreign adoption meets the required standards before proceeding with registration. That review is where problems that weren’t anticipated can arise.

The Obstacle Few Families Know About: Simple Adoption Does Not Grant Citizenship

This is where many families get their first unpleasant surprise. Article 19 of the Civil Code and Law 54/2007 on International Adoption are explicit on this point:

Simple or non-full adoption shall not be registered in the Spanish Civil Registry as an adoption, nor shall it entail the acquisition of Spanish citizenship under Article 19 of the Civil Code.

What does this mean in practice? That if the minor’s country of origin only recognizes a form of adoption that is not equivalent to full Spanish adoption (which extinguishes all ties with the biological family and creates complete new legal ties with the adoptive family), registration as an adoption is not possible and access to citizenship through this route is blocked.

The most common example is kafala under Islamic law, a guardianship or family care arrangement recognized in countries such as Morocco, Algeria, and Pakistan. Kafala is not full adoption in the Spanish sense: it does not create filiation or extinguish biological ties. Therefore, a minor placed under kafala with a Spanish family does not acquire Spanish citizenship through this route, even if the parents are Spanish and have lived with the minor for years.

In these cases, the most common path for the minor to access citizenship is through Spanish citizenship by option, which covers those who have been subject to the parental authority of a Spanish citizen, even if the legal relationship is not technically a full adoption.

The Hague Convention: Why the Country of Origin Matters

The Hague Convention of May 29, 1993, on Protection of Children and Cooperation in Respect of Intercountry Adoption, is the key regulatory framework for adoptions between signatory countries. Spain ratified it in 1995.

When the minor’s country of origin has also ratified it (as is the case with China, Russia, Colombia, Brazil, India, Vietnam, and most of the most common adoption countries), the recognition process in Spain is more straightforward because the Article 23 conformity certificate, issued by the central authority of the country of origin, certifies that the adoption was established in accordance with its requirements and that the safeguards for the minor were observed.

When the country of origin has not ratified the Convention, the Spanish Civil Registry must conduct a more thorough review of the adoption’s legality and compatibility with the Spanish legal system, which can extend the process and generate additional documentation requirements.

Process and Documentation: Step by Step

The procedure varies depending on whether the adoptive parents reside in Spain or abroad when initiating the process, and whether the adoption was established before a Spanish or a foreign authority.

When the adoptive parents reside in Spain and the adoption was established by a foreign authority, the process is as follows:

1. Application for registration of the adoption at the Civil Registry of the adoptive parents’ address (or at the Central Civil Registry Office if applicable), submitting all documentation.
2. The Civil Registry officer verifies that the adoption is full, that it respects Spanish public policy, and that the Hague Convention guarantees have been met or, in their absence, the conditions of Law 54/2007.
3. If the verification is favorable, the marginal registration of the adoption is entered in the minor’s birth registration.
4. The adoptive parents may also request that a new birth registration be issued showing their surnames, with the Spanish address as the minor’s place of birth.
5. From the moment of registration, the minor is Spanish in every legal sense and can obtain a national ID and passport.

When the adoption was formalized before the Spanish consulate abroad, registration may have already been initiated at the consular Civil Registry. In that case, it’s necessary to verify whether the registration is complete or whether a supplementary step is required upon returning to Spain.

The standard documentation for registering an international adoption includes:

• Final adoption ruling or deed issued by the foreign authority, duly legalized or apostilled and translated by a sworn translator
• Minor’s birth certificate (the original biological one, if it exists, and the one issued after the adoption), apostilled and translated
• Hague Convention conformity certificate (if the country of origin is a signatory), issued by the central authority of the country of origin
• Birth certificates of the adoptive parents (from the Spanish Civil Registry)
• Marriage certificate of the adoptive parents, if applicable
• National ID of the adoptive parents
• Certificate of suitability issued by the relevant regional authority (Comunidad Autónoma)
• Biological data forms for the minor before and after the adoption (specific Civil Registry forms)

All foreign documents must be submitted in original with a copy, issued within the last 3 months (exceptionally 6), apostilled, and translated into Spanish by a sworn translator. The absence of any document can lead to formal requests that delay the process by weeks or months.

The Adult Adoptee: The Option Route and Its Deadline

This scenario receives far less attention than the minor’s case, but it has one very specific trap: the deadline. An adoptee who is over 18 at the time of adoption can opt for Spanish citizenship within the two years following the establishment of the adoption. Once that window closes without exercising the option, the right expires.

The option procedure is carried out before the Civil Registry of the applicant’s address in Spain, or before the Spanish consulate if residing abroad. The additional requirements when exercising the option are the oath of loyalty to the King and compliance with the Constitution, and the declaration of renunciation of the previous citizenship (except for nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, France, or Sephardic individuals, who may retain both).

The citizenship acquired through this route also has the character of citizenship by origin, just as in the minor’s case. The effects, however, are not retroactive: they take effect from the moment the option is exercised, not from the adoption.

For a breakdown of all the option routes available and when each applies, our guide on Spanish citizenship by option covers all the scenarios under Article 20 of the Civil Code.

Real Timelines and Potential Complications

Registering a straightforward domestic adoption at the Civil Registry can be resolved within a few weeks. Registering an international adoption with complex documentation or originating from a country that has not ratified the Hague Convention can take months.

The most common complications are:

• Incomplete documentation or formal defects: a biological birth certificate that cannot be obtained in the country of origin, an incorrect apostille, or a sworn translation that is not recognized are common reasons for Civil Registry requests.
• Questions about whether the foreign adoption is equivalent to full Spanish adoption: if the institution from the country of origin raises doubts for the Civil Registry officer, they may refer the matter to the Directorate General of Legal Security and Public Faith, which significantly extends the timeline.
• Country of origin not party to the Hague Convention: requires a more thorough review and may call for additional information about the legislation of the country of origin.
• Absence of the biological birth certificate: if it does not exist or cannot be issued, the Registry opens a specific file to address that gap, which also extends the process.

Once the adoption is registered and citizenship is effective, the next step is obtaining the minor’s Spanish national ID and passport. For this, the certified birth certificate issued by the Spanish Civil Registry with the updated data following the adoption will also be required.

If you have questions about the process applicable to your specific case, the type of adoption you have established, or the minor’s country of origin, the ILLAY Legal team can guide you. Every international adoption has its own particularities, and an upfront analysis avoids costly delays. For more information on the different requirements and types of Spanish citizenship process, our complete reference guide is available.

It may also be useful to consult our specific guide on Spanish citizenship for minors and, if the case involves a child born in Spain to foreign parents, the article on whether a child born in Spain to a foreign parent is Spanish.

Frequently Asked Questions: Spanish Citizenship for Adopted Children