Spanish Nationality for Children Born in Spain



The birth of a child in Spain may raise various questions, especially if the family is of foreign origin.

One of the most frequent inquiries is whether the child automatically obtains Spanish nationality. Here we clarify this issue and explore the options available to obtain Spanish nationality for children born in Spain.

It is important to understand that birth in Spain does not automatically guarantee Spanish nationality for the child. While there are special cases where nationality is presumed, this does not apply universally. The law states that children of foreign parents can obtain this nationality if neither of the parents has attributed another foreign nationality to them.

Spanish Nationality by Residence:

For those children who do not obtain nationality automatically, there is the option to apply for it by residence. This involves meeting certain requirements established in the Spanish Civil Code, including a period of legal residence in Spain. The required length of residence varies depending on individual circumstances, but in certain cases, it can be as short as one year.

It is crucial to understand that obtaining Spanish nationality by residence for children involves following a process. This includes obtaining a residence permit for the minor, which is usually processed through one of the parents who already has legal residence in Spain. Additionally, the deadlines established by law must be met.

While the process may seem complex, the reduced residency requirement for children born in Spain offers a significant advantage. It is important to remember that being born in Spain does not automatically guarantee Spanish nationality, but it provides a solid foundation to initiate the application process.

If you are in this situation, we recommend seeking professional advice to facilitate the process and ensure the best outcome for your child.


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Evgenia Manova

Evgenia Manova


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