How minors apply: consent, representatives and the civil registry

Key rules

• Under 14: A parent or guardian makes the declaration for the child, and the child gives no oath.
• Aged 14 to 17: The child declares personally, assisted by the legal representative, and gives the oath and any required renunciation.
• Exams: Minors do not take the DELE A2 or CCSE exams.
• Guardians: A guardian, or a representative with a conflict of interest, needs the registry official's authorisation first.

Your child's age decides who signs

A child never files alone before 18. The age at filing decides who makes the declaration and what else is needed.

• Under 14: you, as the parent with parental authority (or the guardian), make the declaration on the child's behalf.
• 14 to 17: your child makes the declaration personally, and you assist as legal representative.
• 18 or older: the person files alone. If they were previously under parental authority, a two-year time limit applies.

Oath and renunciation

The oath of loyalty to the King and obedience to the Constitution is required from age 14, and children under 14 are exempt. A child aged 14 or over also gives the oath or promise and makes the renunciation of the previous nationality where it is required. Leaving either out at 14 or over is a common reason for a refusal.

When you need authorisation

If you are a parent, the option is made without authorisation. Authorisation from the registry official is needed in two cases: the representative is a guardian, or the representative has a conflict of interest with the child. The official first hears the public prosecutor and must be satisfied the option is in the child's interest. Ask the registry how it handles this step, because the procedure has changed in recent years.

No language or culture exams

Your child does not sit the DELE A2 or CCSE exams. The option route does not require them, and anyone under 18 is exempt in any case.

Where to file

File at the Registro Civil of your child's residence in Spain. If you live abroad, file at the Spanish consulate where you live. Many offices require an appointment, and some accept online filing. Check how your office works before you go.

If the filing is refused

Most refusals come from fixable problems: missing, unlegalised or untranslated birth certificates, no proof of parental authority, no proof that the parent was Spanish, a missing oath or renunciation, or a filing after the two-year limit. You can usually supply the missing papers within the period the registry gives you. You can also appeal to the Dirección General de Seguridad Jurídica y Fe Pública, and then to the courts.

The documents list, checklist, warnings and questions below cover the details.

Documents to register a child's Spanish nationality

• Full (literal) birth certificate of the child, issued recently. Registries commonly accept certificates issued in the last 3 to 6 months. For a child born in Spain, use the Spanish literal birth certificate.

• Apostille on any foreign public document, if the country is part of the Hague Apostille Convention. Other countries need legalisation through the Spanish consulate. Some EU and treaty civil-status documents are exempt.

• Sworn translation (traductor jurado) of any document not in Spanish or the registry region's co-official language. Translations by consular officials may also be accepted, and EU multilingual forms may not need one.

• The Spanish parent's valid DNI or Spanish passport, plus their literal birth certificate from the Spanish Civil Registry showing nationality. A parent who is Spanish by option or residence brings the registry entry or nationality certificate instead.

• The Spanish parent's marriage certificate, which registries often ask for.

• Consent papers: the application is signed by the legal representative, usually both parents. Under 14, they sign for the child. From 14, the child applies assisted by them. Bring the child's birth certificate, the family book (libro de familia) and both parents' IDs as proof of representation.

• If only one parent acts, the other parent's written authorisation, or proof of sole custody, the other parent's death, or a court order.

• Court authorisation, where the Civil Code requires it for a guardian applying by the option route.

• Proof of residence for residence-based applications: the foreigner's identity card (TIE) or residence certificate, plus a padrón certificate (municipal census record) showing where the child lives. An option based on a parent's nationality may not need it.

• For a child born in Spain, the Spanish birth certificate with padrón evidence is typically accepted as proof of residence.

Checklist

• Check your child's age: under 14, 14 to 17, or 18 and over, because it decides who signs.

• For a child under 14, have the legal representative (the parent with parental authority, or a guardian) make the declaration of option for the child.

• For a child aged 14 to 17, have the child make the declaration personally, with the legal representative assisting.

• Prepare the renunciation, where required, for a child aged 14 or over.

• Ask for the registry official's authorisation if a guardian is applying or the representative has a conflict of interest. Parents do not need it.

• Skip the DELE A2 and CCSE exams: minors are exempt, and the option route does not require them.

• Check the file for gaps before filing: legalised and translated birth certificate, proof the parent was Spanish, and proof of parental authority.

• If the office asks for missing papers, send them within the period it gives you.

What to watch out for

• Incomplete or unlegalised documents: The filing can be refused if the birth certificate is missing, unlegalised or untranslated, or if proof of the Spanish parent or of parental authority is missing. Check each document before filing.

• Missing oath or renunciation at 14 or over: A child aged 14 or over who files without the oath or the renunciation, where required, can see the filing refused. Make sure the child attends and gives the oath or promise personally.

• Defects in the representative's authority: The filing can be refused if the person signing cannot show they have authority, or lacks the authorisation a guardian needs. Bring proof of parental authority or guardianship and, if needed, the authorisation.

• Filing after the two-year limit: A filing made after the two-year limit is refused. File well before the limit.

Check the current refusal reasons and remedies with the Registro Civil or consulate handling your file.

Frequently asked questions

Does my child need to take the language and culture exams?

No, a child applying by the option route does not need the DELE A2 and CCSE exams. These exams apply only to nationality by residence, and anyone under 18 is exempt from them too.

Who must authorise the filing if a guardian applies for the child?

Yes, a guardian needs authorisation from the Registro Civil official, who first hears the prosecutor (Ministerio Fiscal). The same applies when the representative has a conflict of interest. A parent applying for the child does not need this authorisation.

Where do we file a minor's option if we live abroad?

You file at the Spanish consulate where you live, which acts as the consular Registro Civil. If you live in Spain, you file at the Registro Civil of the child's residence. Many offices require an appointment, and an online procedure also exists.

What can I do if the filing for my child is refused?

You can supply the missing documents within the period the office gives you, or correct the file.