Stepchildren, adopted children and children under kafala or guardianship

Key rules

• Kafala: Kafala is not adoption in Spain, so do not present it as adoption.
• Adoption: An adoption abroad counts only if Spain recognises it as equivalent to Spanish adoption.
• Stepchildren: Your spouse's reunification is normally needed first, and you must show custody or the other parent's consent.
• Paperwork: Foreign orders and adoption documents must be legalised and translated into Spanish.

Treatment of kafala, guardianship and foreign adoptions varies by case and country, so confirm your situation with the immigration office before applying.

The short answer

Spain does not treat all these children the same way. Each one has its own conditions, and each needs extra documents on top of the usual family file. The conditions also differ between the two regimes: reunification for non-EU residents, and the EU-style regime for family of EU citizens and, in some cases, Spanish citizens. The documents you need are listed in the documents block below.

Adopted children

A child adopted abroad counts as your child if Spain recognises the adoption as having the same effect as a Spanish adoption. You need a valid, final adoption document, legalised and translated into Spanish.

Once the adoption is recognised, the child has the same rights as a biological child, with the same age and dependency conditions, under both regimes. Recognition can depend on the country where the adoption took place, so ask the office handling your file before you start translating.

Children under kafala

Kafala is not adoption under Spanish law. Do not describe it as adoption in your application.

• Under reunification, it is generally treated like legal guardianship. The child may qualify as a represented minor if the kafala order is valid and recognised in Spain.
• Under EU-style rules, the child may be treated as a family member or as a dependant, depending on the case.

You will need the kafala order, legalised and translated. Because treatment varies from case to case, confirm with the immigration office or a qualified adviser before you apply.

Children under guardianship (tutela)

A child under legal guardianship can be reunified under the reunification regime as a represented minor, if you are the legal representative.

You need the guardianship order showing that you are the legal representative, legalised and translated.

Stepchildren

A non-EU resident can reunify a stepchild who is a minor, or an adult who cannot provide for their own needs because of a disability.

• The stepchild is usually treated as your spouse's child, so your spouse's reunification is normally required too.
• You must show custody, or the other parent's consent.
• The usual income and housing requirements still apply.

Offices differ in the exact papers they ask for, so ask yours for its list before you gather documents.

Before you apply

• Get foreign orders and certificates legalised, then translated into Spanish.
• Check early whether your case is under reunification or EU-style rules, because the conditions above change with the regime.
• Check the questions in the FAQ below if your spouse is not coming too.

Documents you need

• Final adoption document for a child adopted abroad, legalised and translated into Spanish

• Kafala order for a child under kafala, legalised and translated into Spanish

• Guardianship (tutela) order for a child under legal guardianship, showing you are the legal representative, legalised and translated into Spanish

• Proof of custody or the other parent's consent for a stepchild

Frequently asked questions

Does an adoption from abroad count as a child for family residence in Spain?

Yes, a child adopted abroad counts as your child if Spain recognises the adoption as having the same effects as a Spanish adoption. You need a valid final adoption document, legalised and translated. Recognition rules can differ by the child's country of origin.

Is a child under kafala treated like an adopted child in Spain?

No, a child under kafala is not treated as adopted, because kafala is not adoption under Spanish law.

Can I bring a stepchild if my spouse is not coming too?

Usually no, because a stepchild is normally treated as your spouse's child, so your spouse's reunification is normally required first. The child must be a minor, or an adult who cannot provide for their own needs due to disability. You must also show custody or the other parent's consent, plus the usual income and housing.