Registering your child's birth in Spain

Terms used

• Registro Civil — The Registro Civil is the civil registry where births, marriages and deaths are officially recorded.
• Libro de Familia — The Libro de Familia is the family book recording the parents' marriage and their children's births.
• Padrón — The padrón is the town hall's register of residents, needed for many local services.
• NIE — The NIE is the foreigner identification number used for tax and legal matters in Spain.
• Apostille — An apostille is an international stamp certifying that a foreign public document is genuine.
• Expediente — An expediente is an official file the registry opens to establish a fact when normal proof is missing.

Key rules

• Deadline: Register within 10 days, or up to 30 days with a justified reason.
• Nationality: Birth in Spain does not give your child Spanish nationality when both parents are foreign, except in a few cases.
• Libro de Familia: You must ask for it, as it is no longer issued automatically.
• Late registration: Late registration is still accepted, with no routine fine, but it delays other paperwork.

What you need to do

A birth in Spain must be registered within 10 days, extendable to 30 days when there is a justified reason. In most hospital births the hospital starts the process for you. You still need to check that it did, then collect the certificate.

Who registers the birth

At the hospital you sign a birth questionnaire. The hospital sends it, with the medical birth report, to the Registro Civil (the civil registry). If that does not happen, go yourself to the Oficina del Registro Civil of the place of birth. In some areas your home area's office also works, so ask. Take the questionnaire, the medical report and both parents' IDs.

The registrar checks the data, including whether you are married, because this decides how the child's parentage is recorded. The registrar then registers the birth. Practice differs between offices and hospitals, so ask what yours does before you leave the hospital.

Documents

The documents list below shows what to bring. Three points matter for foreign parents:

• Foreign documents, such as a marriage certificate, usually need an apostille or legalisation. They may also need a sworn translation if they are not in Spanish. Start this early, because it can take time.
• If you are unmarried, or a same-sex couple, you make a declaration of filiation. Both unmarried parents can recognise the child.
• Requirements vary by office and by your nationality, so confirm with the registry.

After registration

You can collect the birth certificate, in a full (literal) or summary (extracto) version. The Libro de Familia, the family book, is no longer issued automatically. Ask for it.

With the registration you can then apply for the child's social security number, health card and padrón entry (the town hall residents' register). You can also apply for a passport from your country's consulate, or for an NIE for the child.

If you are late

Late registration is still accepted. Expect the registry to ask for a short explanation of the delay. There is no routine fine for an ordinary delay. The real cost is practical: delays to the health card, passport, benefits and permits.

If there is no medical proof of birth, for example a home birth, the registry opens a file (expediente) to establish it, using witnesses or documents.

Nationality

Your child does not become Spanish automatically by being born in Spain. A child born here to two foreign parents is Spanish from birth only in these cases:

• at least one parent was also born in Spain (diplomatic staff excluded);
• neither parent has a nationality, or your national law gives the child none;
• the child's parentage is unknown.

Otherwise, you can apply later. For a child born in Spain, one route is nationality by residence after one year, once the birth is registered. Ask a lawyer or the registry which route fits you.

Register a birth in Spain step by step

• Fill in and sign the birth questionnaire at the hospital, with data on both parents, the child and the chosen names and surnames: In the first days after the birth, while you are still at the hospital

• The hospital sends the medical birth report and your questionnaire electronically to the Registro Civil (the civil registry): Right after you sign, if your hospital offers this service

• The registrar checks the data, including the parents' marriage or unmarried status for filiation, and registers the birth with a personal code: At the registry, once your papers are submitted

• Collect the birth certificate (literal or extracto): After the birth is registered

• Ask for the Libro de Familia (the family book) at the Registro Civil, with the birth entry, parents' IDs and the medical birth certificate: When you register the birth, or later; it is not issued automatically in every registry and a copy can be requested if lost

• Apply for the child's social security number, health card, padrón entry (town hall residents' register) and passport or NIE: After the birth is registered

Documents you need

• Medical birth report and signed birth questionnaire, which the hospital issues and normally sends to the Registro Civil.

• Valid passports or national ID cards of both parents.

• NIE or residence card of each parent, if they have one.

• Marriage certificate, if the parents are married. It must be apostilled or legalised, and translated if it is not in Spanish.

• Declaration of filiation (legal parentage), if the parents are unmarried or a same-sex couple.

• Certificate of empadronamiento (town hall residents' register), if the registry asks for it.

• Sworn translation of any foreign document, if the registry asks for one.

Checklist

• Check with the hospital that it has sent the birth report and your questionnaire to the Registro Civil.

• Gather apostilled and translated foreign documents before your visit, such as a marriage certificate.

• Prepare a short explanation of the delay if you are registering after the deadline.

• Ask the registry to open a file (expediente) if the birth has no medical proof, such as a home birth, and bring witnesses or documents.

• Ask for the Libro de Familia, since it is no longer issued automatically.

Frequently asked questions

Does my child get Spanish nationality automatically if born in Spain?

No, a child born in Spain to two foreign parents does not automatically get Spanish nationality. The exception is when at least one parent was also born in Spain, or when the child would otherwise have no nationality. Otherwise you can apply after the birth is registered, by option or by one year of residence.

Is there a fine if I register the birth late?

No, late registration carries no routine fine for ordinary delays. The registry may ask you to explain the delay. The real cost is delay to the child's passport, health card, benefits and padrón link.

What if the child was born at home with no medical proof?

The registry opens a file (expediente) to establish the birth. You support it with witnesses or other documents. Ask the Registro Civil which ones it wants.

Do both unmarried parents need to be on the registration?

Both unmarried parents can recognise the child, and the registry asks for a declaration of filiation (legal parentage). Same-sex couples also give this declaration. Married parents show a marriage certificate instead.