Is a child born in Spain to foreign parents Spanish?

Terms used

• Registro Civil — The Registro Civil is the Spanish civil registry, which records births and decides nationality-by-origin cases.
• Tutela — Tutela is legal guardianship of a minor by a person or public institution.
• CCSE — The CCSE is the Spanish culture and constitution test required for most nationality applicants.
• DELE A2 — The DELE A2 is the basic-level Spanish language exam required for most nationality applicants.

Key rules

• 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.
• Usual alternatives: Most children later become Spanish by the option route or after one year of legal, continuous residence.
• Residence: Until then, your child needs residence linked to your own status.

Is a child born in Spain automatically Spanish?

No. Birth in Spain to foreign parents does not make a child Spanish, except in a few limited cases. Spain mainly follows descent: a child is Spanish because of a Spanish parent, not because of the place of birth.

When birth in Spain does make a child Spanish

A child born in Spain is Spanish by origin in these cases only:

• One parent was also born in Spain. The exception is a parent who was diplomatic or consular staff.
• The child would otherwise have no nationality. This applies when neither parent's national law gives the child a nationality.
• The parents are unknown or the child's filiation (legal link to a parent) is not determined. A minor whose first known place of stay is Spain is presumed to be born in Spain.

A child of a Spanish parent is Spanish wherever the child is born.

If your child may have no nationality

You have to show it. Ask your country's consulate or embassy for a certificate or written statement that your child does not acquire your nationality. Then apply to the Registro Civil with that document and the Spanish birth certificate. The Registro Civil decides the case after reviewing the file.

This does not work if your country's law lets the child get a nationality. That is true even if you have not yet registered the child there. Proof requirements differ between registries and by nationality, so ask the Registro Civil that will handle your case what it wants to see.

The usual alternatives

If none of the cases above fits, your child is treated as a foreign national. There are two main routes to Spanish nationality later.

Option. Your child can opt for Spanish nationality in these situations:

• The child is under the parental authority of a Spaniard.
• The child was adopted by a Spaniard after turning 18.
• The child's birth in Spain or filiation is determined after age 18. The option then lasts two years from that determination.

A child under 14 opts through a legal representative, with court authorisation. A child aged 14 to 17 acts alone, with assistance. The option can still be made within two years after the person turns 18. A child under Spanish guardianship (tutela) uses the one-year residence route instead.

One year of residence. A person born in Spain needs only one year of legal residence before applying. The residence must be continuous and immediately before the application. The same one-year period applies in other cases, such as two consecutive years under the guardianship or fostering of a Spaniard, or marriage to a Spaniard. The applicant must also show good civic conduct and integration. Unless exempt, the applicant must pass the CCSE (Spanish culture and constitution test) and the DELE A2 (basic Spanish test).

Your child's residence in the meantime

A child born in Spain to legally resident foreign parents is not Spanish. The child gets residence linked to your status, normally by applying for a residence authorisation as a family member or a child born in Spain. Check the current procedure and documents with the immigration office (Extranjería) before you apply. If a child has a Spanish or EU parent, different rules apply.

Use the decision, checklist and FAQ below to see which route fits your child.

Which route to Spanish nationality fits your child

Which route to Spanish nationality fits your child's situation?

• Spanish by birth in Spain: Your child was born in Spain and both parents are stateless, or the law of the parents' country gives the child no nationality, or the parents are unknown. Being born in Spain to foreign parents is not enough on its own.

• Spanish by origin through a parent: At least one parent was Spanish when your child was born, whether the birth was in Spain or abroad. The child is Spanish from birth and you register the birth.

• Opting for Spanish nationality: Your child is or was under the parental authority of a Spaniard, for example after a parent became Spanish or after an adoption by a Spaniard. The deadline is set out in the article on dual nationality for children and what happens at 18.

• Applying after one year of residence: Your child was born in Spain to foreign parents and has lived legally in Spain for one year. This is the usual route for a child born here who does not qualify by birth.

• Following a parent who becomes Spanish: A parent is becoming Spanish by residence and your child is a minor under that parent's authority. Once the parent is Spanish, the child can opt for nationality through the option route.

Start with the parents: if one is Spanish, choose origin. If neither is and the child has no nationality from them, choose birth. If a parent is becoming Spanish, choose the parent's route and then option. Otherwise, for a child born in Spain, wait for one year of legal residence and apply.

Whether your home country gives your child its nationality decides the birth route, so check this with your consulate and confirm the route with the civil registry.

Checklist

• Check whether at least one parent was also born in Spain, or whether the child would otherwise have no nationality, since these are the limited cases where birth alone makes a child Spanish.

• Confirm that your child was born in Spain and has lived there legally and continuously right up to the application, because the one-year residence route needs this.

• Check whether your child is under the parental authority of a Spaniard, or was adopted by a Spaniard after turning 18, because then the option route may fit.

• Work out who signs the option: a legal representative with court authorisation for a child under 14, or the child with assistance from age 14 to 17.

• Prepare proof of good civic conduct and integration, and book the CCSE and DELE A2 tests unless your child is exempt.

• Apply for a residence authorisation linked to your own status while your child waits, since birth in Spain does not make the child Spanish.

Frequently asked questions

Is my child Spanish if neither parent's country gives them a nationality?

Yes, a child born in Spain is Spanish by origin if neither parent's national law gives the child any nationality. You must prove it, usually with statements from each parent's consulate or embassy that the child does not get their nationality, plus the Spanish birth certificate. The civil registry (Registro Civil) then decides the case.

Does my child become Spanish if the parents' country lets them register but I have not done it?

No, Spanish origin is not automatic if your own country's law would let the child get its nationality, even if you have not registered the child there. The stateless route only applies when no parent's law gives the child a nationality.

What residence status does my child have if born in Spain to legally resident foreign parents?

Your child is treated as a foreign national and gets residence linked to your own status. You normally apply for a residence authorisation as a child born in Spain, and it follows the parent's authorisation. If a parent is a long-term resident, the child may be treated as one too.

Is a child of unknown parents found in Spain Spanish?

Yes, a child born in Spain whose parents are both unknown is Spanish by origin. A minor whose first known place of stay is Spain is presumed born there, and the civil registry registers the child with child-protection authorities involved. Nationality is not lost if a foreign parent is identified later within the legal time limits.