Spanish Citizenship by Descent: Children

Obtaining Spanish citizenship by descent for children is a dream that can become a reality for many families with Spanish ancestry. Want to ensure your child has the same rights and opportunities as a European citizen? In this comprehensive guide, we cover all the details about acquiring Spanish nationality for children of Spanish parents born outside Spain, including after adulthood. Learn how the process works, the requirements for each situation, the necessary documentation, exceptions, and how to start the application to secure dual nationality—unlocking a world of possibilities and benefits for you and your family.

Spanish Nationality by Origin: What Does the Law Say?

⚖️ Spanish nationality is regulated by the Spanish Civil Code (Book One, Articles 17 to 26) and the Civil Registry Law, as Spanish nationality is formally registered in the Civil Registry.

“Spanish nationality is acquired, retained, and lost in accordance with the provisions of the law.” (Article 11 of the Spanish Constitution)

Article 17 states that:

1. The following individuals are considered Spaniards by origin:
   a. Those born to a Spanish father or mother.
   b. Those born in Spain to foreign parents, provided at least one of them was also born in Spain. Exceptions apply to children of accredited diplomatic or consular officials in Spain.
   c. Those born in Spain to foreign parents, if neither has a nationality or if the laws of their respective countries do not grant the child a nationality.
   d. Those born in Spain whose parentage is unknown. For these purposes, it is presumed that minors were born in Spanish territory if their first known place of residence was in Spain.

The legal text clearly indicates that Spanish nationality by origin is granted by birth itself, meaning the right exists regardless of whether an initial formal registration takes place. When registration is completed at the Civil Registry, it is merely a declaration of a pre-existing right, not the creation of a new one.

This distinction is crucial because it means that even someone who has never had a Spanish birth certificate may recover or lose nationality over time.

It is also important to note that adopted children are legally equated with biological children. A foreign minor under the age of 18 adopted by a Spanish national automatically acquires Spanish nationality by origin from the moment of adoption.

Child of a Spanish National: How Do I Know If I Qualify?

To determine eligibility, gather detailed information about your relatives, especially the Spanish ancestor who emigrated. Key details to verify include:

✅ Type of nationality held by the Spanish ancestor (by origin, by option, or through naturalization).

✅ Date and place of birth of the Spanish ancestor (in Spain or abroad).

✅ Loss of Spanish nationality – Did the ancestor acquire another nationality through naturalization or marriage?

✅ Nationality status at the time of the descendant’s birth – Was the Spanish ancestor still a Spanish national when their child (the applicant’s parent) was born?

It is important to remember that naturalization in another country does not always result in the automatic loss of Spanish nationality. Even in cases where nationality was lost, there may be a possibility of recovery.

Spanish Citizenship for Adults Born Abroad: Obtain or Recover Spanish Nationality by Descent

Confirm if you are considered a Spanish national by origin, according to Article 17 of the Spanish Civil Code. If you were not registered as Spanish at the time of birth, you will need to apply for the recognition of citizenship.

Deadline for Preserving Spanish Citizenship:

When it comes to Spanish nationality by descent, the law distinguishes between being born in Spain and being born abroad. These situations have different legal implications, especially regarding the maintenance and formalization of Spanish citizenship.

For those born outside Spain, Article 24, Paragraph 3 of the Spanish Civil Code requires formalizing the registration of nationality by the age of 21. Failure to do so may result in the loss of Spanish citizenship.

However, if you turned 18 before the 2003 reform of the Civil Code, you are not required to have declared your intention to retain citizenship. Otherwise, you must verify whether the declaration was made between the ages of 18 and 21. If you missed this deadline or lost your Spanish citizenship for other reasons, you may need to initiate a process to recover Spanish nationality.

Loss of Spanish Citizenship: Key Considerations

According to Article 24 of the Spanish Civil Code, emancipated individuals who habitually reside abroad and voluntarily acquire another nationality or exclusively use their foreign nationality risk losing their Spanish citizenship.

However, you can avoid this by declaring your intention to retain Spanish nationality to the Civil Registry within the three-year period.

How to Recover Spanish Citizenship

The recovery of Spanish nationality typically requires:

• Proof of a connection with Spain.
• Legal residence in Spain for at least 1 year in some cases.

Currently, thanks to the Democratic Memory Law, access to Spanish nationality has been facilitated, with the residence requirement waived for children and grandchildren of Spanish nationals by origin, as we will explain below.

Also read: Does Spanish Citizenship Cause Loss of American Citizenship?

Democratic Memory Law

The Democratic Memory Law, known as the “Grandchildren’s Law,” in effect until October 21, 2025, is legislation aimed at recognizing and redressing injustices related to the Spanish Civil War and the Franco regime.

Initially, the law focused on descendants of exiled Spaniards or those who lost their nationality due to Francoist persecution. However, on October 25, 2022, new instructions were published in the BOE (Spanish Official Gazette), broadening its scope. Now, children and grandchildren of Spanish nationals by origin can apply for Spanish citizenship without needing to prove that their ancestors lost nationality due to exile.

Who Benefits from the Democratic Memory Law

The Democratic Memory Law benefits the following groups:

1. Children and grandchildren of Spanish nationals by origin, regardless of whether their ancestors were exiled or lost their nationality.
2. Children of Spanish women who lost their nationality after marrying foreigners before the 1978 Constitution.
3. Adult children of Spaniards who obtained nationality through the Historical Memory Law of 2007 or who will obtain it under the new law.

Advantages of the Democratic Memory Law

✅ Exemption from Residency Requirements: For children (and grandchildren) born abroad who apply for Spanish nationality upon reaching adulthood.

✅ Exemption from Language and Cultural Tests: No need to prove knowledge of the Spanish language, culture, or legislation.

✅ Simultaneous Granting: Allows children (as well as grandchildren and great-grandchildren) to apply for citizenship at the same time, speeding up the process and eliminating the need to wait for the parent’s application to be approved first.

✅ Retention of Dual Nationality: Through the Democratic Law, you do not lose your original citizenship, even if you are American or British.

Spanish Citizenship by Descent: Minor Children

In most cases, Spanish citizenship for children is applied for during childhood, shortly after birth. A child born in Spain obtains nationality upon being registered in the Civil Registry. However, for those living abroad, the application must be submitted at the Spanish consulate closest to the child’s place of birth.

Important:

• Before the age of 18, only the legal guardians of the minor can apply for nationality.
• Nationality obtained during minority will be granted by origin, regardless of the place of birth of the applicant’s Spanish parent.
• There is a time frame between 18 and 21 years to declare the intention to retain Spanish nationality and avoid the loss of it.

Confirming nationality is essential for those residing outside of Spain. If the applicant lives abroad, is emancipated, and exclusively uses their other nationality, they could lose Spanish citizenship, as established in Article 24 of the law.

Documents for Spanish Citizenship for Children

The applicant (or their legal guardian) must appear at the nearest Spanish consulate to their residence. Depending on the case and the chosen consulate, the required documents may vary. You can access the details on this Spanish government website. However, as a general rule, the main documents required are:

• Recent birth certificate of the applicant, issued within the last 12 months, along with translation and apostille (original and copy);
• Identity document or passport of the applicant (original and copy);
• Birth certificate of the Spanish parent, apostilled and issued within the last 12 months (original and copy);
• Marriage certificate of the parents, if applicable;
• Sworn statement from the applicant regarding all nationalities they hold (available at the consulate);
• Proof of residence showing that the applicant resides in the consular area where the nationality request is being made.

Recognition and Adoption

Spanish Citizenship for a Recognized Child After Adulthood

Article 17 states that if the parentage or birth of a person in Spain is confirmed after the age of 18, this does not automatically grant Spanish nationality. In these cases, the individual has the right to opt for Spanish nationality by origin, but they must formalize this choice within two years from the confirmation of their parentage. This applies, for example, to someone who discovers after turning 18 that their biological father is Spanish.

Spanish Citizenship for an Adopted Child

Adopted children of Spanish citizens are also entitled to nationality. In the case of minors, Spanish nationality is automatically granted once the adoption is formalized, and the minor must be registered. For adults who are adopted, citizenship can be requested by option, as with biological children over 21 years old. In this case, the request must be made within two years after the adoption is formalized.

Can I Apply for Spanish Citizenship by Myself?

Yes, you can carry out the process for Spanish citizenship by descent on your own, without the need for a lawyer or immigration specialist. So why hire specialized help? In short: for security, convenience, and efficiency! Working with experienced professionals, like the team at Atlantic Bridge, provides numerous benefits that make the process smoother and more secure!

• Eligibility check: We assess if you meet the legal criteria before starting.
• Accuracy in the process: We avoid errors with documents, translations, and deadlines that could delay or jeopardize your application.
• Constant updates: We are always aligned with changes in Spanish legislation.
• Speed: We handle dealings with registries, consulates, and authorities, accelerating the process.
• Genealogy support: Our team traces your Spanish ancestry and locates essential documents.

Schedule a free initial consultation with our experts and begin your journey with peace of mind. Click here to learn more!