Does Spain Have Birthright Citizenship? What Foreign Parents Need to Know

Fast Answer: No, Spain does not have automatic birthright citizenship (jus soli) like the US. A child born in Spain to foreign parents does not automatically become Spanish. However, there are specific circumstances where a child born in Spain can obtain nationality.

The Difference: Jus Soli vs. Jus Sanguinis

Countries grant citizenship through two main principles:

• Jus soli (“right of the soil”): Citizenship is granted based on where you are born. The United States, Canada, and most Latin American countries use this system.
• Jus sanguinis (“right of blood”): Citizenship is granted based on the nationality of your parents. Spain and most European countries use this system.

Spain follows jus sanguinis. Being born on Spanish territory alone does not make a child Spanish.

When Can a Child Born in Spain Get Spanish Nationality?

While Spain does not have automatic birthright citizenship, the Spanish Civil Code (Articles 17–26) provides several exceptions:

1. Born in Spain to Stateless Parents

If both parents are stateless (have no nationality), a child born in Spain is Spanish by birth. This prevents the child from being stateless.

2. Born in Spain to Parents Whose Country Does Not Pass Nationality

If the parents’ home country does not transmit nationality to children born abroad, the child born in Spain is Spanish. This applies to certain Latin American and African countries.

3. Born in Spain to Unknown Parents

Children found in Spain whose parents cannot be identified (nacidos en España de padres desconocidos) are presumed Spanish until proven otherwise.

4. Residence-Based Citizenship at Age 18 (or Earlier with Representation)

A child born in Spain to foreign parents can apply for Spanish nationality after just 1 year of legal residence. This is a significant advantage over the standard 10-year requirement. The application can be made:

• By the child’s legal representative while the child is a minor
• By the child themselves from age 14 (with parental consent) or independently at 18

This “1-year path” is the most practical route for children born in Spain to foreign parents.

Spanish Nationality by Descent (Jus Sanguinis)

A child is automatically Spanish if:

• At least one parent is Spanish (regardless of where the child is born)
• A parent was born in Spain AND is Spanish

Under Spain’s Democratic Memory Law (Ley de Memoria Democrática), some descendants of Spanish nationals who lost citizenship can also claim nationality. See our guide on Spanish citizenship requirements.

How to Register a Birth in Spain

All births in Spain must be registered at the Civil Registry (Registro Civil) within the municipality where the birth occurred. Required documents:

1. Medical certificate of birth from the hospital
2. Parents’ passports and NIE/TIE
3. Marriage certificate (if applicable)
4. Proof of residence (empadronamiento)

Registration must be completed within 72 hours of birth (extendable to 10 days in exceptional circumstances).

Dual Nationality: Can My Child Hold Two Passports?

Spain allows dual nationality with:

• Latin American countries, Andorra, the Philippines, Equatorial Guinea, and Portugal
• In practice, Spain does not actively enforce renunciation for citizens of other countries

For UK and US nationals: Spain officially requires renunciation of previous nationality upon becoming Spanish. However, UK nationality cannot be lost involuntarily, and US law also makes renunciation difficult. In practice, many people hold both.

Path Comparison Table

Path	Residence Needed	Key Condition
Born in Spain, foreign parents	1 year	Must apply — not automatic
Married to Spanish national	1 year	Marriage must be genuine
Latin American / Sephardic	2 years	Prove origin + integration
General route	10 years	Legal, continuous residence

For family reunification and residence permit questions, consult our immigration team.

Frequently Asked Questions

If my baby is born in Spain, can they get a Spanish passport?

Not automatically. You must first obtain legal residence for the child, wait 1 year, and then apply for nationality by residence. The process typically takes 6–12 months after filing.

Does giving birth in Spain give the mother any residency rights?

No. Having a baby in Spain does not grant the mother any immigration status. You need a separate legal basis for residency (visa, EU family member status, etc.).

Can I travel to Spain specifically to give birth?

“Birth tourism” does not confer any legal advantage in Spain, unlike in jus soli countries. The child will hold the parents’ nationality, not Spanish.

What if one parent becomes Spanish later — does the child automatically become Spanish too?

Not automatically, but the child can exercise an “option right” (opción) to acquire Spanish nationality. This must be done formally through the Civil Registry.

Need personalised advice? Book a consultation or message us on WhatsApp Email Us: marialuisa@costaluzlawyers.es

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For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.