Children born in Spain to foreign parents: How Spanish nationality works

October 5, 2026

Children born in Spain to foreign parents: Are they Spanish citizens?

Spain follows jus sanguinis (right of blood), not jus soli (right of soil), so children born in Spain to foreign parents do not automatically become Spanish [1].
Article 17.1 of the Civil Code grants nationality at birth only in narrow cases: a parent also born in Spain, stateless parents or parents whose law passes on no nationality, or unknown parentage [1].
The main route is Article 22.2(a): Spanish nationality by residence after one year of legal, continuous residence [1].
A child born in Spain to parents with residence permits can obtain a five-year residence permit; a parent must apply within six months of the birth [4].
Spain has dual nationality treaties with twelve Latin American countries and France; nationals of other Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal are exempt from renunciation [1][6].
Hospitals must send birth data to the Civil Registry within 72 hours; otherwise parents have 10 days to declare the birth [3].
The Democratic Memory Law nationality route closed on 22 October 2025 [7].

Do children born in Spain to foreign parents have dual citizenship?

Spain is home to more than seven million foreign nationals, and many of them raise families here [9].

For parents who are not Spanish, one of the most common legal questions is deceptively simple: what nationality does my child have?

The answer for children born in Spain to foreign parents depends on Spanish law, the parents’ home-country laws and the family’s residence status.

This guide sets out the legal framework, the routes to Spanish nationality and what the dual nationality rules mean in practice, particularly for families from the United Kingdom, the United States and other non-Ibero-American countries.

Questions about residence, the NIE, the TIE or family reunification? Our immigration law team in Valencia advises international families in English, French, Spanish and Russian.

81,339 of the 318,005 babies born in Spain in 2024 had a mother of foreign nationality, 25.6% of all births, according to the National Statistics Institute (INE) [8].

The foundational principle: jus sanguinis, not jus soli

Spanish nationality law is set out in Articles 17 to 28 of the Civil Code [1].

The foundational rule is jus sanguinis, the right of blood.

A child with at least one Spanish parent is Spanish by origin, wherever the birth takes place.

Spain does not follow jus soli, the principle used in the United States, Canada and most of Latin America, under which any child born on national territory acquires that country’s nationality.

A British, Dutch or Nigerian couple whose baby is born in a hospital in Valencia will not have a Spanish child simply because the birth took place in Spain.

The child will hold the nationality passed on by the parents’ home countries.

Why this matters for international families in Valencia

The Valencian Community is one of the most internationally diverse regions in Spain.

Many children born in Spain to foreign parents grow up entirely here, attend Spanish schools and speak Spanish as their first language.

For them, nationality affects the right to work in the EU, freedom of movement, inheritance planning, tax obligations and, in some countries, military service.

When Spanish nationality is granted automatically at birth

Article 17.1 of the Civil Code lists every case in which a child is Spanish by origin [1].

Legal basis	Condition	Practical example
Art. 17.1(a)	At least one parent is Spanish	Spanish mother and British father: the child is Spanish by origin
Art. 17.1(b)	Born in Spain to foreign parents, at least one of whom was also born in Spain (children of foreign diplomats excluded)	Two Colombian parents, one born in Spain: the child is Spanish by origin
Art. 17.1(c)	Born in Spain to stateless parents, or where neither parent’s law gives the child a nationality	Parents from countries that do not pass nationality to children born abroad
Art. 17.1(d)	Born in Spain with undetermined parentage	Foundlings or children with no established legal parentage

For most children born in Spain to foreign parents from the UK, Germany, the Netherlands, North America, Russia or Scandinavia, none of these routes applies at birth.

Any path to Spanish nationality will require a formal application.

The statelessness prevention rule

Article 17.1(c) applies only when the law of neither parent’s country gives the child a nationality at birth [1].

It exists to prevent a child from having no nationality at all.

British, American, German, Dutch and most European nationals pass their nationality to children born abroad, so the rule does not apply to them.

A child born in Valencia to two British parents is British from birth, and Article 17.1(c) plays no role.

The one-year residence route under Article 22.2(a)

For children born in Spain to foreign parents who are not Spanish at birth, the Civil Code reduces the standard ten-year residence requirement to one year for anyone born in Spain [1].

The residence must be legal, continuous and immediately before the application [1].

Residence for children born in Spain

The one-year clock does not start at birth; it starts when the child obtains legal residence.

Under Article 159 of Royal Decree 1155/2024, a child born in Spain to foreign parents who hold residence permits can obtain a temporary residence permit as an accompanied minor born in Spain [4].

A parent applies in person within six months of the birth, and the permit is granted for five years [4].

A Supreme Court judgment of 8 July 2026, published in the BOE on 22 September 2026, annulled part of Article 159.1; the test is now habitual, effective residence in Spain, and justified temporary absences no longer disqualify the child [5].

If neither parent has legal status, the child cannot obtain residence until the parents’ situation is resolved, which makes choosing the right route to legal residency in Spain an early priority.

The procedure step by step

Step	What happens	Legal deadline
1. Birth registration	The hospital sends the birth to the Civil Registry; parents check the registration	72 hours for the hospital; 10 days for parents if it did not [3]
2. Child’s residence permit	A parent applies for the accompanied-minor permit	Within 6 months of the birth [4]
3. TIE card	Fingerprinting and card request at the police	Within 1 month of the grant [4]
4. Municipal registration	Empadronamiento at the town hall	As soon as possible
5. One year of legal residence	Continuous residence, without gaps in the permit	12 months [1]
6. Nationality application	Filed with the Ministry of Justice, usually online	Decision due within 1 year; no answer means refusal [10]
7. Oath and registration	Oath (from age 14) and entry in the Civil Registry	Within 180 days of notification, or the grant lapses [1]

Who files the application?

Under Article 21.3 of the Civil Code, a child over 14 applies personally, assisted by a legal representative, while for a child under 14 the legal representative applies [1].

Applicants under 18 are exempt from the DELE A2 Spanish exam and the CCSE civic knowledge test; children of school age submit a school certificate instead [10][11].

An adult born in Spain who never applied can still use the one-year route but must normally pass both tests, unless excused for having completed compulsory secondary education in Spain [11].

Documents usually required

Spanish birth certificate from the Civil Registry.
Parents’ passports and NIE or TIE documents.
The child’s residence card.
Empadronamiento certificate.
For school-age children, a certificate from the school.
Foreign documents with an apostille and a sworn Spanish translation.

Foreign documents need both an apostille and a sworn translation; our guide to the legalisation of UK and foreign documents explains the requirements.

Spain granted 221,176 nationalities by residence in 2025, according to the Permanent Immigration Observatory of the Ministry of Inclusion [12].

What happens at 18: the dual nationality question

This is the area that causes most confusion for children born in Spain to foreign parents who naturalise as Spanish.

Spain does not accept dual nationality with most countries, but the practical result depends on the law of the child’s other country.

Spain’s dual nationality framework

Article 11.3 of the Spanish Constitution allows dual nationality treaties with Ibero-American countries and countries with a special historical link to Spain.

Group	Countries	Renunciation required?
Bilateral dual nationality treaty	Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Guatemala, Honduras, Nicaragua, Paraguay, Peru and France (in force since 1 April 2022)	No [6]
Exempt under Articles 23 and 24 of the Civil Code, without a treaty	Other Ibero-American countries (such as Mexico, Uruguay, Venezuela or Cuba), Andorra, the Philippines, Equatorial Guinea, Portugal, and people of Sephardic origin	No [1]
All other countries, including the UK, the USA, Germany, the Netherlands, Russia and Ukraine	No treaty or exemption	Yes, at the oath under Spanish law [1]

What renunciation means in practice

When a child takes the oath to become Spanish by residence, Spanish law requires a declaration renouncing the previous nationality [1].

Whether that declaration ends the other nationality depends on the other country’s law.

British citizenship ends only when the Home Office, after an application made online or with form RN, issues a declaration of renunciation; the applicant must be 18 or over or married [13].

A declaration signed at the Spanish Civil Registry does not meet that requirement.

As a result, many British, American and German nationals who become Spanish keep their other passport in practice, while Spain treats them only as Spanish on its territory.

Children who are Spanish by origin

Children who are Spanish by origin under Article 17 are in a stronger position, because Article 11.2 of the Constitution provides that no Spaniard by origin may be deprived of nationality.

A child who is Spanish by origin and also holds another nationality by descent does not have to choose at 18.

One exception applies: under Article 24.3 of the Civil Code, a person born and living abroad who is Spanish through a parent also born abroad loses Spanish nationality unless they declare their wish to keep it within three years of reaching adulthood [1].

Birth registration and why it matters

Every birth in Spain must be entered in the Civil Registry, including those of children born in Spain to foreign parents.

Under Law 20/2011, hospitals must send the birth data within 72 hours; where they do not, parents have 10 days to declare the birth, after which a registry procedure is needed [3].

Parents should confirm that the registration has been completed rather than assume it.

The registration underpins the child’s residence permit, any later nationality application and access to public services.

Foreign parents should also register the birth with their own consulate; for British families, the UK passport application is a separate step from the Spanish registration.

Post-Brexit residence rules affect the whole family, including children; our guide to the obligations facing British expats after Brexit covers TIE applications and residence documents.

Three family profiles in Valencia

The table below shows how the rules apply to three common situations for children born in Spain to foreign parents in the Valencian Community.

Family profile	Nationality at birth	Earliest route to Spanish nationality	Two passports?
Two British parents living legally in Valencia	British	Art. 22.2(a): after 1 year of legal residence	In practice yes, as the UK does not recognise the Spanish renunciation; formally no under Spanish law
Spanish mother and British father	Spanish by origin and British by descent	Already Spanish: no application needed	Yes in practice; Spanish nationality of origin is protected
Two Colombian parents living legally in Valencia	Colombian	Art. 22.2(a): after 1 year of legal residence	Yes, formally: Colombia has a dual nationality treaty with Spain

Residence, schooling and keeping the clock running

Children enrolled in Spanish schools usually complete their year of legal residence early in primary school, provided the family’s documents are in order.

The Spanish school system for expat children relies on empadronamiento, which is also needed for the nationality application.

A lapse in the child’s residence permit breaks the continuity of legal residence and can restart the one-year period.

Parents’ own permits matter too: for example, renewing non-lucrative residence now requires more than 183 days of actual residence per year under Article 64 of Royal Decree 1155/2024, as explained in our guide to renewing a non-lucrative residence permit [4].

Keeping Spanish nationality once acquired

Nationality acquired by residence can be lost in limited cases set out in the Civil Code [1].

Under Article 25.1(a), a Spaniard who is not Spanish by origin loses Spanish nationality if they use only the renounced nationality for three years [1].

Under Article 24.1, an adult living abroad who voluntarily acquires another nationality loses Spanish nationality after three years unless they declare their wish to keep it at the Civil Registry or a consulate; nationals of the exempt countries listed above are not affected [1].

For children born in Spain to foreign parents who naturalise and later move abroad as adults, these deadlines are worth planning for.

Spain had 7,437,543 foreign nationals on 1 July 2026, and 10,291,807 residents born abroad, out of a population of 49,801,559, according to the INE [9].

Speak to our immigration lawyers about your child’s nationality

Contact our legal team for personalised guidance on your case.

We advise international families on residence permits, nationality applications and dual nationality from our office in Valencia, in English, French, Spanish and Russian.

Email: felix.delaguia@delaguialuzon.com
Phone: +34 963 74 16 57
Office: Avinguda Regne de València, 6, 1º-2º, 46005 Valencia

Frequently asked questions about children born in Spain to foreign parents

Does my child automatically become Spanish if born in a Spanish hospital?

No.

Spain does not grant nationality based only on place of birth; the child holds the parents’ nationality unless one of the Article 17.1 exceptions applies.

My child was born in Valencia and has lived here for two years. Can we apply now?

Yes, if the child has held legal residence continuously for at least one year.

The period runs from the date legal residence was granted, not from the date of birth.

How do we get a residence permit for a baby born in Spain?

If a parent holds a residence permit, a parent applies in person for the child’s permit within six months of the birth.

The permit is granted for five years under Article 159 of Royal Decree 1155/2024.

We are British. Does our child have to give up their British passport?

Spanish law requires a declaration of renunciation at the oath.

British citizenship, however, ends only through a declaration of renunciation issued by the Home Office, so in practice the child usually keeps the British passport.

One of our child’s grandparents was Spanish. Does that help?

Possibly, but the Democratic Memory Law route for descendants closed on 22 October 2025.

Other options, such as the right of option under Article 20 of the Civil Code, depend on the family’s exact circumstances.

We are Colombian. Can our child hold both nationalities?

Yes.

Colombia has a dual nationality treaty with Spain, so no renunciation is required.

Can we start the nationality process before the child turns one?

No.

The application can only be filed once the child has completed one year of legal residence.

What if the birth was not registered within 72 hours?

The 72-hour deadline applies to the hospital.

If the hospital did not send the data, parents have 10 days to declare the birth; after that, a registry procedure is required.

Does my child need to pass the DELE and CCSE exams?

No, applicants under 18 are exempt.

Children of school age submit a school certificate instead.

How long does the Ministry of Justice take to decide?

The legal deadline is one year from the application.

If no decision is notified in that time, the application is treated as refused, which can then be challenged.

References

Labour Law