Birth registration, surnames and parentage across two countries

Key rules

• Birth registration: A birth in Spain must be registered within 10 days, extendable to 30 days with a justified reason.
• Surnames: Spanish records use two surnames, but a foreign child's national law normally decides, and you can ask for the Spanish format.
• Surrogacy: A birth by surrogacy abroad needs a foreign court decision recognised in Spain; a foreign birth certificate alone is not enough.
• Adoption: A foreign adoption is recognised in Spain only through the Registro Civil and only if it meets Spanish conditions.

Register the birth within 10 days

A birth in Spain must be registered within 10 days, extendable to 30 days with a justified reason. The parents or the health centre notify the Registro Civil. You then register at the Registro Civil of the place of birth. Ask the hospital for the medical birth report early, because you cannot register without it. The documents list below shows what to bring.

All registries now work as one electronic system, so the process is the same across Spain. Deadlines and paperwork can still differ a little by office, so ask yours.

Surnames: two systems

Spanish registration uses two surnames, one from each parent. Parents choose the order.

• Foreign parents, child without Spanish nationality: the child's national law normally decides the surnames. If that law uses one surname, the Registro Civil records it that way.
• Option to use the Spanish structure: you may ask for the two-surname format instead. Offices handle this request differently, so ask the Registro Civil before you register.
• Child with Spanish nationality: Spanish rules apply, so two surnames.

A later change of surname goes through the Registro Civil procedure. Pick carefully, because the surname on the Spanish record should match your home country's documents as closely as possible. The decision below helps you choose.

A birth abroad

If the parents are foreign and have no Spanish nationality, they do not have to register the birth in Spain. Whether to register it in your home country follows that country's rules.

If the child is a Spanish national born abroad, register the birth. Do it at the Spanish consulate, or in Spain at the Registro Civil Central or the registry of a parent's home town. Bring the foreign birth certificate, legalised or apostilled, with a translation if required. Registration is what lets the child hold Spanish nationality documents and appear in Spanish records. The foreign registration does not have to be mirrored for the child to be valid abroad.

Surrogacy

Surrogacy is not permitted in Spain, and contracts for it are void. Parentage is determined by birth.

A child born through surrogacy abroad cannot be registered in the usual way. A foreign birth certificate alone is not enough. You need a foreign court decision recognised in Spain (exequatur). If one parent is the Spanish biological father, his paternity can be registered, and the other parent may then adopt the child. Rules have tightened in recent years, so get legal advice before you start.

Adoption

A foreign adoption can be recognised in Spain, through the Registro Civil. It depends on whether a competent foreign authority made the decision and whether the adoption is equivalent to a Spanish one, meaning it ends the child's earlier family ties. If the country is part of the Hague Adoption Convention, that convention applies. Ask the Registro Civil what papers it needs for your case.

Choosing between options

Which surname rules should your child's registration in Spain follow?

• Your child's national law: Fits if the child has only foreign nationality; the Registro Civil records the surnames as that law sets them, even if it uses one surname.

• Spanish two-surname structure: Fits if you ask for it as parents of a foreign child, choosing one surname from each parent in the order you prefer.

• Spanish rules automatically: Applies if the child also has Spanish nationality; two surnames are then required.

Check the child's nationality first: Spanish nationality means two surnames; otherwise national law applies unless you ask for the Spanish structure.

Timeline and deadlines

• Parents or the health centre notify the Registro Civil of the birth in Spain: as soon as the child is born

• Register late if you have a justified reason: up to 30 days after birth

Documents you need

• Medical birth report from the doctor or health centre, needed to register a birth in Spain.

• Both parents' passports or IDs, needed to register a birth in Spain.

• Marriage certificate, only if the parents are married.

• Foreign birth certificate, to register a Spanish national's birth abroad at a Spanish consulate or in Spain. It must be legalised or apostilled and translated if the office asks.

• Foreign court decision recognised in Spain (exequatur), needed to register a birth by surrogacy abroad; a foreign birth certificate alone is not enough.

Checklist

• Ask the hospital or health centre for the medical birth report.

• Check which surname rules your child's national law sets, and ask the Registro Civil whether you can choose the Spanish two-surname structure.

Frequently asked questions

Can my child have one surname instead of two in Spain?

Yes, if the child's national law uses one surname, the Registro Civil records the surnames as that law sets them. You can also ask to use the Spanish structure, with one surname from each parent in the order you choose. A child who also has Spanish nationality always follows the Spanish two-surname rules.

Do I have to register my child's foreign birth in Spain if the parents are foreign?

No, foreign parents without Spanish nationality have no obligation to register a foreign birth in Spain. A foreign birth certificate stays valid abroad without a Spanish copy.