Guide updated · September 2026

Spanish citizenship by option: who is eligible, requirements and deadlines

Spanish citizenship by option is a right that allows certain people with a legal or family connection to Spain to acquire Spanish citizenship. It does not require the years of residence required for citizenship by residence, but it is available only in the cases provided for by law.

Quick answer: in 2026, the option to acquire Spanish citizenship under Article 20 of the Civil Code is still available. It may apply, among other cases, to people who are or have been under the parental authority of a Spanish citizen, those whose father or mother was originally Spanish and born in Spain, and certain cases of parentage, birth or adoption established after the age of 18. Deadlines vary depending on the case.
Nature

It is a right

If the legally defined conditions are met, it does not depend on a discretionary decision, as citizenship by grant does.

Residence

No prior years of residence in Spain are required

The option is based on a connection or legal situation provided for by law, not on completing 1, 2, 5 or 10 years of residence.

Deadlines

Not everyone is subject to the same deadline

Some cases are subject to an age limit, others to a two-year deadline, and one particularly important case has no age limit.

Overview

What is Spanish citizenship by option?

Option is a way of acquiring Spanish citizenship, available to people who fall within certain cases set out in the Civil Code. It requires an express declaration of intent to acquire citizenship.

Unlike citizenship by residence , it is not based on having been legally resident for a set number of years. And unlike a grant of citizenship by naturalisation , it is not discretionary when the legal conditions are met.

Important: being the child of a Spanish citizen does not always mean that you must apply for citizenship by option. Depending on how and when the parent acquired citizenship and the circumstances of the child’s birth, the person may even be Spanish by origin .
Article 20 of the Civil Code

Who is entitled to Spanish citizenship by option?

The law provides for several different cases. It is important to first identify which one applies to the person, as this also determines the age limit and deadline.

01

People subject to the parental authority of a Spanish citizen

People who are or have been subject to the parental authority of a Spanish citizen are entitled to apply.

02

Father or mother who was Spanish by origin and born in Spain

This is one of the most important cases, because exercising this right is not subject to an age limit .

03

Parentage or birth in Spain established after the age of 18

If parentage or birth in Spain is established after the person turns 18, they may be entitled to opt for Spanish citizenship by origin.

04

Adoption by a Spanish citizen after the age of 18

If a person is adopted by a Spanish citizen as an adult, they may opt for Spanish citizenship by origin within the period established by law.

Very important

Age limits and deadlines for exercising the right of option

One of the main sources of misinformation online is the claim that all applications for Spanish citizenship by option must be submitted before the applicant turns 20. This is not true in every case.

General rule

Up to the age of 20

In certain cases, the right of option expires when the person turns 20. If, under the person’s national law, they are not emancipated at the age of 18, the deadline may be extended until two years after emancipation.

No age limit

Father or mother who was Spanish by origin and born in Spain

Article 20.3 of the Civil Code expressly states that this right of option is not subject to any age limit .

Special deadline

Two years from the date it is established

If parentage or birth in Spain is established after the age of 18, the deadline to exercise the right of option is two years from the date it is established.

Adoption

Two years from the adoption

If the adoption by a Spanish citizen takes place after the age of 18, the right may be exercised during the following two years.

Status in 2026

Is the option under the Democratic Memory Law still open?

Not for new applications.

The eighth additional provision of the Democratic Memory Law created exceptional grounds for certain descendants of Spanish nationals to acquire citizenship by option. The application period ended in October 2025 .

This does not mean that Spanish citizenship by option has disappeared. The ordinary option under Article 20 of the Civil Code remains in force in 2026.

Exceptional application period closed
Declaration

Who submits the declaration of option?

Under 14 years old

Their legal representative makes the declaration. If the legal representatives disagree, the corresponding voluntary jurisdiction proceedings are initiated.

Over 14 years old

The applicant makes the declaration with the assistance of their legal representative.

Emancipated or over 18 years old

They may exercise the option themselves within the time limit applicable to their case.

Person with a disability

They may exercise the right with the support and procedural adjustments they need.

The Civil Code also provides that a person may exercise the option themselves within two years after the support measures that had prevented them from doing so are terminated.
Civil Registry

Where is the process carried out, and what documents may be required?

The option is formalised before the competent Civil Registry . The Ministry indicates that this is generally the Civil Registry for the applicant’s or their representative’s place of residence, depending on the case.

The specific documents required depend on the grounds for exercising the option. For example, proving that a Spanish national has parental authority is not the same as proving that a parent was originally Spanish and born in Spain.

Applicant’s identity established using the relevant document.

Full birth certificate of the applicant.

Certification relating to the Spanish parent when the right derives from a father or mother.

Documents relating to parental authority when this is the applicable ground.

Adoption decision or registration when the right derives from an adoption.

Documents relating to representation or support when required.

Before submitting your application: check with the competent Civil Registry which specific documents are required for your case. Foreign certificates may need to be legalised or apostilled and, where applicable, officially translated.
After acquiring citizenship by option

Requirements for the acquisition to be valid

Article 23 of the Civil Code establishes common requirements for acquiring Spanish citizenship by option, by grant of citizenship by naturalisation, and by residence.

01

Oath or pledge

Where required based on the person’s age and capacity to make the declaration, they must swear or pledge allegiance to the King and obedience to the Constitution and the laws.

02

Previous nationality

As a general rule, a declaration of renunciation is required, with exceptions for certain countries and Sephardic Jews originally from Spain.

03

Registration

The acquisition must be registered with the Spanish Civil Registry.

Can you keep your other nationality? See dual citizenship →
Differences

Option, residence and Spanish nationals by origin: how to tell them apart

By option

A right in specific circumstances

It depends on the family relationship or circumstances set out in Articles 17, 19 and 20 of the Civil Code.

You are reading about this route
Spanish citizenship by origin

May apply from birth

In certain cases, the person is already a Spanish national by origin and does not need to use the standard option procedure.

See official information ↗
Frequently asked questions

Frequently asked questions about Spanish citizenship by option

Is Spanish citizenship by option still available in 2026?
Yes. The option governed by Article 20 of the Civil Code remains in force. The deadline that ended in October 2025 was the exceptional application period under the Democratic Memory Law.
Do you always have to apply before the age of 20?
No. Different time limits apply depending on the circumstances. For example, anyone whose father or mother was originally Spanish and born in Spain may exercise the right provided for in Article 20.1.b without an age limit.
Do you have to live in Spain to apply?
Unlike Spanish citizenship by residence, the option procedure does not require you to have completed a set number of years of legal residence beforehand. You must formalise it before the competent Civil Registry, depending on your circumstances.
Does a child of a Spanish national always have to apply by option?
No. In certain cases, the child may already be a Spanish national by origin from birth. It is necessary to consider how the parent acquired Spanish citizenship and the circumstances of the child's birth.
Can people adopted by Spanish nationals apply by option?
A person under the age of 18 adopted by a Spanish national acquires Spanish citizenship by origin upon adoption. If the adoption takes place after the age of 18, they have the right to apply by option within the following two years.
Do you need to take the CCSE or DELE exams?
The option procedure is separate from Spanish citizenship by residence. Requirements and tests specific to the residence procedure should not automatically be applied to an option application.

Official sources

Next step

First, check which option category applies to you

Having a connection to a Spanish national does not always lead to the same outcome. Correctly identifying the applicable category determines the deadline, who must submit the declaration and which documents you will need to provide.

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