Spanish Citizenship By Birth

The parents’ nationality of a child born in Spain determines if the child becomes a Spanish citizen by birth.

If you’d like to know more about Spain’s citizenship by birth and how to become a citizen or ask any other questions about Spain citizenship, please get in touch with IAS. You may chat with us online or call us on +44 (0)333 414 9244.

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Does Spain Have Birthright Citizenship? What Foreign Parents Must Know

Spanish nationality law distinguishes between nationality by origin (nacionalidad de origen) and acquired nationality. Children born in Spain to foreign parents fall under Article 17 of the Spanish Civil Code, which sets out four routes to nationality by origin.

The most common applicable route for children of foreign parents is Article 17.1(c): where the parents are either stateless or their country’s law does not recognise children born abroad as nationals.

This procedure is formally known as nacionalidad por simple presunción (nationality by simple presumption) and is governed by Article 17.1(c) of the Spanish Civil Code. It was established to prevent statelessness: when neither parent’s national law grants nationality to children born outside their country, Spain may grant nationality by origin to the child, provided the parents apply at the local Registro Civil with the appropriate documentation.

In all other cases, children of foreign parents born in Spain generally acquire their parents’ nationality, not Spanish nationality — though a facilitated 1-year residency naturalisation route under Article 22.2(a) is available.

Key facts about Spanish Citizenship by Birth

Title	Summary
Who this route is for	Children born in Spain who may be Spanish by origin under Article 17 of the Spanish Civil Code (e.g., born of a Spanish parent, born to stateless parents or parents whose law does not assign nationality to children born abroad).
Legal basis	Article 17, Spanish Civil Code (Art.17.1 a–c) — includes acquisition by parentage, by birth in Spain when parents are stateless or their law does not confer nationality.
Main administrative route	Declaration/expediente at the local Registro Civil (value of simple presunción) or other channels (consular registration for births abroad). DGRN guidance governs Registry competence for these cases.
Typical first steps	1) Register birth in Civil Registry (within hospital/24h–8 days), 2) Register with parents’ consulate, 3) If needed, open expediente of nacionalidad por simple presunción at Registro Civil.
When the child can get Spanish ID / passport	DNI / passport cannot be issued until nationality registration/expediente is resolved. For TIE/residency card the usual police/TIE process applies after birth registration.

Who Qualifies for Spanish Citizenship by Birth? Eligibility by Scenario

Apart from children born in Spain whose parentage could not be determined, there are other things that qualify your child to become a Spanish citizen. They include when the child is born:

By parents who are not EU members.
To an international couple where one of them is from Spain.
By stateless parents.
By non-residents of Spain.

Child Born in Spain to Two Foreign Parents (Neither is Spanish)

Under this route, one parent must be legally residing in Spain. Your child will initially take on the parents’ nationality; however, after one year of legal residence in Spain, you can apply for Spanish nationality for your child. Only one parent needs to hold legal residence — the other parent’s consent is required but their residency status is not

However, you should follow the steps below:

Register your child’s birth at the Registro Civil (Civil Registry) within 72 hours of delivery. This can be done at the hospital or, if not registered at birth, at the local Registro Civil office. In exceptional circumstances, this deadline may be extended to 10 days.
Register your newborn at the Consulate of the newborn’s country of residence and a passport registration for your newborn.
Register a residence permit for one of the parents in Spain.

Note that it is enough for just one of the parents of the newborn to have Spanish residence. After one year of the newborn’s legal residence in Spain, the resident parent will now apply for the child’s citizenship with their partner’s consent.

But if the parents of a newborn have not yet applied for the child’s citizenship, the child can apply when he turns 18. However, this type of application is quite difficult because, as an adult, they will require them to pass a language proficiency exam, get a police certificate, etc.

The exception to this rule is that it doesn’t apply to persons with a Student Visa. So, if both parents are students, they can’t apply for Spanish citizenship for their newborn.

Child Born in Spain to One Spanish Parent

In this situation, the parents won’t need to go through the processes mentioned above. Because one of the parents is a Spanish citizen, the child will receive Spanish citizenship upon birth. Besides that, as one of the parents is a Spanish citizen, even if you recorded the facts of your child’s birth outside of Spain, the child can rightfully apply for Spanish nationality.

Child Born in Spain to Stateless Parents

If parents of a child born in Spain have lost nationality to their countries, the law states that the child cannot remain stateless. Because of this, the child will be granted Spanish citizenship if the parents request it and prove their child could not get an alternative nationality.

In this case, you must submit evidence of your place of residence at the local Civil Registry to declare Spanish nationality because you and your spouse are stateless.

Child Born in Spain to Non-Resident Foreign Parents (The 1-Year Residency Route)

The child has the right to obtain citizenship if he stays legally in Spain for one year. Also, if the parents arrived on a tourist visa and decided to have a child in Spain, the child can obtain citizenship after one year of receiving a residence permit. This abides by an accelerated procedure for children born in Spain.

However, it is essential to consider the nationality laws of the parents’ countries because some countries won’t grant citizenship to children born outside their borders.

Which Countries’ Children May Qualify for Spanish Nationality by Simple Presumption?

The countries that do not grant nationality to children born outside of their borders include:

Argentina
Brazil
Cape Verde
Colombia
Costa Rica
Cuba
Guinea-Bissau
Panama
Paraguay
Peru
Portugal
Sao Tome and Principe
Uruguay

Both parents of the newborn in Spain could come from one of these countries. Either because they are citizens of the same country, from different countries, or both are on the list.

In addition, there are some exceptions to understand. These exceptions are:

If a Moroccan mother has a child and the father is a citizen of one of these countries listed, and both are not married, the child can apply for Spanish nationality by Presumption.
Also the case of Palestinians, however, is a bit more complex depending on the parents’ condition, the Palestine region, etc.

For more clarifications on this, you may contact our lawyers at IAS.

Our expert immigration lawyers can assist you with your Spanish Citizenship application.

Required Documents for Spanish Citizenship by Birth (Simple Presumption Route)

If you originate from any of the countries listed and want to apply for your child’s Spanish citizenship legally. You will need to provide these documents:

Certificate showing that you and your spouse are from any of the listed countries.
Document that shows the child has no nationality of any of the parents (Consular certificate).
Parents’ city registry in which the child must appear. You can get this from the town hall.
Birth certificate of your child legalised in the Spanish embassy or Consulate and coming from the Civil Registry of the country where the child was born.
Marriage certificate.
Birth certificates of both parents obtained at the Consulate.
Passport and copy of the father and mother.
Family book, and copy, in which the child appears.

Document Checklist: Simple Presumption Route vs. Residency Route — Side by Side

Document	For children with parents from listed countries	For children from unlisted countries
Child’s Spanish birth certificate	Yes — literal birth certificate from Registro Civil (registered).	Yes — required to register and to apply for residency.
Consular certificate / proof child has no other nationality	Essential — certificate from parents’ consulate stating the child is not recognised as national of parents’ country.	May still be required for some checks; but if parents’ law would give nationality, pathway is residency → nationality after 1 year.
Parents’ passports & birth certificates	Yes — to prove nationality / parentage.	Yes — to support residency application and later nationality claim.
Marriage certificate / family book (Libro de Familia)	Often required / useful for registry.	Required for civil registration and TIE application.
Proof of parents’ legal residence (if applying via residence route)	Not required for simple presunción if consular certificate shows no nationality — but may be requested	Essential for residence-based nationality: parents must be legal residents and child needs residence permit; then after 1 year apply for nationality by residence route.
Translations / legalization (Apostille)	Any foreign documents must be legalized (Apostille) and translated if necessary.	Same.
Where to submit	Registro Civil of place of birth (expediente de valor de simple presunción).	Police (TIE) for residence card; later Registro Civil/Ministry procedures for nationality by residence.

Required Documents: 1-Year Residency Route for Children of Foreign Parents

In situations where parents are not citizens of countries listed above and the law of their countries does not recognise a child born outside their borders. The process of getting nationality for the child is a bit more complex.

But the way to proceed is to apply for citizenship by residency after one year of living in Spain legally. These are the required documents:

Parents should be legal residents of Spain. It is essential because it will help the child apply for residency later on.
Parents have to register the child in the Civil Registry. This will help the child get a passport (with the parents’ nationality).
Residence permit (as an underage child of legal residents) must be applied for by the parents.
Parents will now apply for the child’s Spanish nationality after one year of obtaining the residence permit. With this, the child has the advantage of not taking any exams as an underage.

Full Eligibility Criteria for Spain Citizenship by Birth Under Article 17

If you would like to apply for Spanish citizenship for your child, you must meet the following criteria:

The newborn has legally stayed in Spain for one year. Usually, from the date the newborn’s birth was registered.
The parents must get a passport from one of their countries of origin.
A residence permit of one year.
The newborn whose parentage could not be determined.

Spain Citizenship by Birth — Eligibility by Article 17 Scenario

Scenario (Article 17 ref)	Who qualifies	Key evidence needed
17.1(a) — By Spanish parentage	Child born anywhere to a Spanish father or mother. (Spanish by origin)	Parent’s Spanish DNI/passport and parentage proof (birth register, parent’s birth certificate).
17.1(b) — Born in Spain to foreign parents where at least one parent was born in Spain	Child born in Spain whose parent(s) were themselves born in Spain.	Parents’ birth certificates showing birth in Spain. (mjusticia.gob.es)
17.1(c) — Simple presunción (stateless / other-law gap)	Child born in Spain to parents who are stateless or whose national law does not grant nationality to children born abroad (so the child would otherwise be stateless).	Consular certificate showing child has no other nationality and evidence of parents’ nationality law (or lack of transmission); birth certificate; parents’ ID. DGRN instruction applies.

Find out how we can assist with your Spanish Citizenship application.

How to Apply for Spanish Citizenship for a Baby Born in Spain: Step-by-Step

To apply for your child’s Spanish citizenship birth, do the following:

Register your child’s birth at the Civil Registry. You can do this at the hospital or a few days later at the Registry Office.
Register your child’s birth with the embassy or government of your country and apply for a passport.

Applying for the Residency

Once you have all your child’s nationality paperwork, you will need to apply for a residency card for your child with the same process you used to apply when you moved to Spain.

Therefore, you’ll need to book a prior appointment at the police station to apply for TIE (a foreign identity card).

The following are the requirements:

The child must not be a family member of an EU citizen or EU citizen.
Your child must have been born in Spain.
One parent must at least have a residence.

To accomplish this, you will also need the following:

Your child’s birth certificate.
Your residency documents.
Documents (a passport) showing that the child’s birth is registered in your country of origin.
Padrón certificate from your town hall.
Your marriage certificates and passports.
A sworn translator will translate any documents not in Spain or a co-official language like Catalan in full.
You will fill out form EX-01 for temporary residence. Or Ex-11 for long-term residency.

If you are a European citizen, you can apply for a special permit designed for children born in Spain to Spanish residents. Also, you can apply for this at the police station with your child’s birth certificate, nationality document and green residency card.

It should take about one month for this application to be processed. Afterwards, take your newborn with you to collect their residency card.

Applying for Your Child Born in Spain After One Year

After a year of legal residence in Spain, you can apply for Spanish citizenship by obtaining a Judicial Order from the Civil Registry’s Judge to decide for a minor.

To complete this process, you will provide the following:

Your child’s residency card.
Your child’s birth certificate.
Their passport from your country of origin.
Birth certificates and passports of parents.
Parents’ residency certificates.
Padrón certificate from your town hall.
Fee of €102.
Your marriage certificate might also be a possible extra requirement.

Step	What happens	Typical timing
1. Birth registration in Spain	Register birth at hospital / Registro Civil.	Within 24 hours – 8 days (hospital can register or parent registers at Registry Office).
2. Register with parents’ consulate / get passport from parents’ country	Get consular birth registration and consular certificate (including certificate that child does not hold parents’ nationality if applicable).	Varies by consulate (weeks). Consular certificate is key for simple presunción.
3A. If simple presunción applies → open expediente at Registro Civil	Parent submits documents to Registro Civil to request nationality by simple presunción under Art.17. The Registro (or DGRN on appeal) decides.	Variable — depends on Registry workload and complexity; DGRN instruction governs competence and criteria. (No single official fixed time; resolution can take months.)
3B. If parents’ law grants nationality to child (or unlisted) → residence route	Parents apply for child’s residence permit / TIE; after 1 year of legal residence the child may apply for nationality by residence (minor) without exams.	TIE application processing: ~1 month for the physical card collection (IAS example for police/TIE). Nationality by residence (general naturalisation route) can take 1–3 years or longer at Ministry decision (varies).
4. DNI / passport issuance	DNI / passport can be issued after nationality registration is inscribed.	Cannot be issued until nationality inscription is final. TIE/resident card is separate.

Looking to register yourself or your newborn as a Spanish citizen? Get in touch with us today.

How IAS Helps with Spanish Citizenship by Birth Applications

Spanish citizenship is obtained in different ways. Different procedures are taken in situations where a child is born to foreign parents and to parents where one of them is Spanish.

As a parent of a newborn in Spain, you might not really know how to obtain Spanish nationality for your newborn. Do not worry, our bespoke experts at IAS will help you.

Our experts offer various services, including document review, legal research, drafting and legal advice. Our aim is to make the process of acquiring your child’s Spanish citizenship stress-free.

If you have further questions about Spanish citizenship by birth, our lawyers are always available to answer them. All you need to do is to call us on (+44) 333 4149244 or chat with us online.

We offer immigration advice sessions as face to face appointments at all of our UK offices, or via the phone.

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Written by Immigration Advice Service

Editorial Team

This content was developed by a team of researchers, editors, and lawyers who provide valuable information to those with immigration queries.

Legal Disclaimer

The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Immigration Advice Service before making any decisions based on the content provided.

Frequently Asked Questions

No. Spain does not grant automatic birthright citizenship. Unlike the United States or Canada, which follow jus soli (right of the soil), Spain operates primarily on jus sanguinis (right of blood) — meaning a child acquires nationality from their parents, not from being born on Spanish territory. This is established under Article 17 of the Spanish Civil Code. However, Spanish law includes specific exceptions where a child born in Spain to foreign parents may still acquire Spanish nationality: if both parents are stateless, if neither parent’s country grants the child nationality at birth, or if at least one parent was born in Spain. In those cases, the child may be entitled to Spanish nationality by origin.

No, Spain does not allow parents to obtain citizenship directly through their child. Even if your child is a Spanish citizen, you cannot automatically claim nationality through them.

However, having a Spanish child may make it easier for you to obtain legal residency in Spain, and after living there legally for a required period, you may become eligible to apply for citizenship through naturalization.

If both parents are from countries that do not transmit nationality to children born outside their borders, and the child would therefore be stateless, the child may qualify for Spanish nationality by simple presumption (nacionalidad por simple presunción) under Article 17.1(c) of the Spanish Civil Code. Parents must apply at the local Registro Civil with a consular certificate confirming the child cannot acquire the parents’ nationality. This is one of the few routes to automatic Spanish nationality for children of foreign parents.

Yes, but the process is significantly more difficult. As an adult, the child would need to apply for nationality by residency under Article 22.2(a), which still only requires one year of legal residence if born in Spain. However, unlike the minor route, adults are required to pass the CCSE (cultural knowledge) exam and the DELE A2 language exam, obtain a police clearance certificate, and go through the full Ministry of Justice application process. Applying while still a minor avoids all exams — so it is strongly advisable for parents to begin the process before the child turns 18.

Yes — and this is a critical step regardless of which nationality route you pursue. Registering the birth at your home country’s consulate establishes the child’s identity in your country of origin and provides the consular certificate that the Spanish Registro Civil will require. This certificate must confirm the child’s nationality status under the parents’ country’s law. If the consulate confirms the child does not acquire your nationality (relevant for the simple presumption route), this document becomes the key piece of evidence for the nationality application.

Spain’s general rule requires renouncing previous nationality upon acquiring Spanish citizenship. However, exceptions exist: nationals of Ibero-American countries (such as Colombia, Peru, Argentina, and other Latin American countries), Andorra, the Philippines, Equatorial Guinea, and Portugal can hold dual nationality with Spain. For children from other countries who acquire Spanish nationality by simple presumption, Spain is treated as their nationality of origin, so technically no renunciation is required as they did not formally hold another nationality. Each case depends on both Spanish law and the parents’ home country’s dual nationality rules.

A TIE (Tarjeta de Identidad de Extranjero) is a residency card — it proves the child has legal permission to live in Spain but does not make them a Spanish citizen. Spanish citizenship (nationality) is a separate legal status that grants the right to a Spanish passport, full EU citizenship rights, and permanent entitlement to live in Spain. A child born in Spain to foreign parents typically gets a TIE first (as a child of legal residents), then applies for Spanish nationality after one year of legal residence. Holding a TIE is a precondition for the 1-year naturalisation route, but it is not citizenship.

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