Children's Spanish nationality

It is for anyone considering, planning or carrying out a move to Spain with children, or expecting a child there. After reading, you will know whether your child is Spanish or can become Spanish, and which process applies. Questions about your child's residence status are not covered here.

Start with "Is a child born in Spain to foreign parents Spanish?". It explains when birth in Spain gives nationality, and it is the quickest way to see which of the other pages you need.

Key rules

• Option deadline: A person who was under a Spaniard's parental authority can opt for Spanish nationality until two years after turning 18.
• Oath age: The oath of loyalty to the King and obedience to the Constitution is required from age 14, and children under 14 are exempt.
• Birth in Spain: Being born in Spain to foreign parents does not by itself make a child Spanish.
• Exceptions: A child is Spanish by origin if a parent was also born in Spain, if the child would otherwise be stateless, or if the parents are unknown.
• Nationality: A child of a Spanish parent is Spanish from birth, wherever they were born.
• Deadline: Late registration does not cost your child their nationality, but no passport or DNI is possible until it is done.

Children's Spanish nationality: the whole process, step by step

• Work out which route fits your child: born in Spain, born abroad to a Spanish parent, or a parent who is naturalising: before you start

• If your child was born abroad to a Spanish parent, register the birth with the consulate or the Registro Civil (see Registering a child born abroad to a Spanish parent): as soon as you can after the birth; there is no deadline that removes nationality, but without registration the child cannot get a Spanish passport or DNI

• If your child opts for nationality, file the option and prepare for the minor's rules (see How minors apply: consent, representatives and the civil registry): while the child is under the parental authority of a Spaniard

• Wait for the option to be registered: often 3 to 12 months or more from filing; consulates abroad are usually slower

• Use the option before the cut-off at 18 (see Dual nationality for children and what happens at 18): until two years after turning 18

• If the option deadline has passed, apply by residence instead, if you qualify: after the two years have run out

Documents you may need

Identity and residence

• The Spanish parent's valid DNI or Spanish passport — How minors apply: consent, representatives and the civil registry
• Proof of residence for residence-based applications — How minors apply: consent, representatives and the civil registry

Translations and legal papers

• Apostille on any foreign public document — How minors apply: consent, representatives and the civil registry
• Sworn translation — How minors apply: consent, representatives and the civil registry

Other documents

• Your child's birth certificate — Registering a child born abroad to a Spanish parent, Do children become Spanish when a parent naturalises?
• Proof that you are Spanish — Do children become Spanish when a parent naturalises?
• The parents' marriage certificate — How minors apply: consent, representatives and the civil registry, Registering a child born abroad to a Spanish parent
• Court authorisation — How minors apply: consent, representatives and the civil registry

Children's Spanish nationality: questions that cross several articles

Is a child born in Spain to foreign parents automatically Spanish?

No, birth in Spain to foreign parents does not by itself give Spanish nationality. It does in limited cases: one parent was also born in Spain, the child would otherwise be stateless, or the child's parentage is unknown. Read "Is a child born in Spain to foreign parents Spanish?" next.

Can my child born in Spain get nationality after one year of residence?

Yes, a person born in Spain can apply after one year of legal, continuous residence just before the application, with good civic conduct and integration. Unless exempt, the applicant also passes the CCSE and DELE A2 tests. Read "Is a child born in Spain to foreign parents Spanish?" and "How minors apply: consent, representatives and the civil registry".

Is my child born abroad Spanish if only one parent is Spanish?

Yes, a child born to a Spanish father or mother is Spanish by origin wherever the birth took place. The birth must be registered in the Registro Civil to prove it, and the parent must have been Spanish at the time of the birth. Read "Registering a child born abroad to a Spanish parent" next.

Can a child under Spanish guardianship opt for nationality?

Not through the option route: children under Spanish guardianship (tutela) get the one-year residence route instead. The option is for children under a Spaniard's parental authority, and it runs until two years after turning 18. Read "Do children become Spanish when a parent naturalises?" and "Dual nationality for children and what happens at 18".