Dual nationality for children and what happens at 18

Key rules

• Spanish by origin: A child of a Spanish parent can keep another nationality without renouncing anything.
• Renunciation: Children who become Spanish by option or residence must renounce the old nationality from age 14, unless from an exempt country.
• Exempt countries: Ibero-American countries, Andorra, the Philippines, Portugal and Equatorial Guinea are exempt from renouncing.
• At 18: Spain does not make your child choose a nationality at 18.
• Living abroad: A Spaniard by origin who lives abroad must declare within three years of turning 18 to keep Spanish nationality.

Does your child keep both nationalities?

It depends on the route to Spanish nationality and on the other country. There is no single answer, so find your case below. The decision box below sets the cases side by side.

Child of a Spanish parent

A child born to a Spanish parent is Spanish by origin. Nobody who is Spanish by origin has to renounce anything, so the child can hold Spanish nationality and another one together.

Child who becomes Spanish by option or residence

Here the renunciation rule applies. The child must swear loyalty to the King and obedience to the Constitution and laws, and must renounce the previous nationality.

• Under 14: the child does not have to make the renunciation personally.
• 14 or over: the child must renounce the previous nationality when acquiring Spanish nationality.

Exempt countries

Nationals of Ibero-American countries, Andorra, the Philippines, Portugal and Equatorial Guinea do not have to renounce. Descendants of Sephardic Jews who obtained nationality under the special route are also exempt.

The exemption only works while the child is a national of that country. The other country's own law must also allow dual nationality. Check this with that country's consulate before you apply.

What happens at 18

Your child does not have to choose between nationalities at 18. Spain asks for no later declaration.

• If the child became Spanish by option or residence at 14 or over, the renunciation was already made at the time.
• If the child was under 14, there was nothing to renounce, so nothing is due at 18.
• If the child is from an exempt country, both nationalities stay.

The other country's law may still require a choice at 18 or at some other age. Ask that country's consulate.

A risk for Spaniards by origin who live abroad

A Spaniard by origin who is born and lives abroad, and who uses only a foreign nationality, can lose Spanish nationality. This happens three years after turning 18 unless they declare within that time that they want to keep it. The same applies to someone who voluntarily takes a foreign nationality. The declaration goes to the Civil Registry, normally through the consulate.

This does not apply to people who live in Spain. It also does not apply to nationals of the exempt countries listed above.

If your child is over 18 or a parent refuses to agree, see the "What if" section below.

Choosing between options

Will the child keep both nationalities?

• Spanish by origin: The child was born to a Spanish parent. No renunciation is needed and the child can hold both nationalities.

• Spanish by option or residence, from age 14: The child is 14 or older and not from an exempt country. The previous nationality must be renounced when Spanish nationality is acquired.

• Spanish by option or residence, under 14: The child is under 14. No personal renunciation is required, and none is needed later at 18.

Start with the route: by origin means no renunciation. By option or residence, renunciation applies from age 14 unless the child's country is exempt. At 18 Spain asks for no choice and no new declaration, but the other country's law may.

What to watch out for

• Losing Spanish nationality while living abroad: A Spaniard by origin who is born and lives abroad and uses only a foreign nationality can lose Spanish nationality three years after coming of age, unless they declare they want to keep it. Make the declaration at the Civil Registry, normally through the consulate, before the three years end. Living in Spain means no loss.

• Voluntarily taking a foreign nationality: A Spaniard by origin who voluntarily acquires a foreign nationality can lose Spanish nationality unless they declare within three years, except for nationals of Ibero-American countries, Andorra, the Philippines, Portugal and Equatorial Guinea. Before applying for the other nationality, ask the consulate whether you need to make a declaration to keep Spanish.

What if your child is over 18 or a parent refuses

One parent refuses to agree

If one parent refuses, the other parent or the child's representative can ask a family court to give the missing consent. The court hears both parents and decides based on the child's interests. It can also rule that one parent may make the application alone.

Expect to need a lawyer and a court representative (procurador). Once the court order is final, file it with the nationality application.

One parent has died or lost parental rights

The other parent can act alone for the child. Add proof to the file: the death certificate, or the court ruling that ended the parent's rights.

Both parents are gone, or the child is in public care

A court-appointed legal guardian acts for the child. A child in public care is represented by the regional child-protection authority that holds guardianship. The court order that appoints the guardian goes in the file. In some cases the guardian also needs court authorisation, so ask the court or your registry what applies.

Typical papers are the birth certificate, the death certificate or court ruling, the guardianship or custody order and the representative's ID.

Age changes who signs

• A child aged 14 or over applies with the help of the legal representative.
• A child who is 18, or an emancipated minor, applies alone.

Your child is already over 18

The simple route for children of a Spaniard is open only until two years after turning 18. After that, an adult has other routes, depending on their situation:

• Option for children of a Spanish-born parent. This is open if the parent was originally Spanish and was born in Spain.
• Residence after one year. This applies if you were born in Spain, are married to a Spaniard, are widowed, or descend from Spaniards.
• Ordinary residence. The standard wait is 10 years. It is 5 years for refugees. It is 2 years for people from Ibero-American countries, Andorra, the Philippines, Portugal and Equatorial Guinea, and for Sephardic Jews.
• Descendants of Spaniards who went into exile. A law on historical memory lets them claim nationality by origin, within a time limit. Deadlines and eligibility have changed, so ask the Spanish consulate for the current terms before you start.

Pick the route by your family history first, since the waiting time varies so much between them.

Frequently asked questions

Does my child have to give up another nationality to become Spanish?

It depends on the route: a child who is Spanish by origin gives up nothing, but one who becomes Spanish by option or residence must renounce the previous nationality from age 14. Children under 14 do not have to renounce personally.

Does my child have to choose a nationality at 18?

No, Spain does not make your child choose between nationalities at 18. Spanish nationality is kept, and Spain asks for no later declaration. The other country's own law may still require a choice, so ask its consulate.

Can a Spanish child born abroad lose Spanish nationality later?

Yes, a child who is Spanish by origin, born and living abroad and using only a foreign nationality can lose Spanish nationality three years after coming of age. To avoid this, declare within that time that you want to keep it, at the Civil Registry, normally through the consulate. Those who live in Spain, and nationals of the exempt countries, do not lose it this way.

Does the exemption from renouncing last forever?

No, the exemption only works while the person is a national of the exempt country. The other country's law must also allow dual nationality. It can be lost if the person lives in Spain and does not declare it.