Spanish citizenship by origin: who is Spanish from birth or adoption
The Civil Code considers certain people Spanish citizens by origin based on the circumstances of their birth, parentage or adoption. In many of these cases, the person does not need to be granted citizenship; they simply need to prove their status as a Spanish citizen, which derives directly from the law .
Child of a Spanish citizen
A person born to a Spanish father or mother is Spanish by origin, even if they are born outside Spain.
There are several cases
Some children of foreign nationals born in Spain are Spanish by origin, but not all.
Under 18 years of age
A foreign minor adopted by a Spanish national acquires Spanish nationality by origin from the date of adoption.
What does it mean to be Spanish by origin?
Spanish nationality by origin is a status that the law grants to certain people on the basis of their parentage, birth or adoption. The main cases are set out in Articles 17 and 19 of the Civil Code .
This should not be confused with acquiring nationality later through residence , option or naturalisation by Royal Decree .
Who is Spanish by origin?
The Civil Code sets out several cases. They should be considered separately because simply being born in Spain is not enough .
Born to a Spanish father or mother
People born to a Spanish father or mother are Spanish by origin, regardless of whether they are born in Spain or abroad.
Born in Spain with a parent who was also born in Spain
People born in Spain to foreign parents are Spanish by origin if at least one parent was also born in Spain.
An exception applies to the children of a diplomatic or consular official accredited in Spain.Born in Spain and would otherwise be stateless
People born in Spain to foreign parents are Spanish by origin if both parents are stateless or if neither parent's national law grants nationality to the child.
Born in Spain with parentage undetermined
People born in Spain whose parentage has not been established are also Spanish by origin.
A minor is presumed to have been born in Spain if their first known place of residence is Spanish territory.Minors under 18 adopted by a Spanish national
A foreign national under the age of 18 adopted by a Spanish national acquires, from the date of adoption, Spanish nationality by origin .
Is a child born in Spain automatically Spanish?
Not always. Spain does not generally grant Spanish nationality to every person simply because they were born in Spanish territory. One of the cases set out in Article 17 of the Civil Code must apply.
Cases covered by law
- Has a Spanish father or mother.
- Is born in Spain and one of their foreign parents was also born in Spain, except in diplomatic or consular cases.
- Is born in Spain and their parents are stateless.
- Is born in Spain and neither parent's national law grants them nationality.
- Is born in Spain and their parentage has not been established.
Being born in Spain
If a child of foreign parents acquires the nationality of either parent and no other circumstance under Article 17 applies, being born in Spain does not automatically make them Spanish by origin .
Other routes to acquiring Spanish citizenship may become available later.
What happens if parentage, birth or adoption is established after the age of 18?
There is a fundamental difference here compared with the cases above. After the age of 18, certain circumstances no longer automatically result in the acquisition of Spanish citizenship.
Established after the age of 18
If parentage or birth in Spain is established after the person turns 18, that fact alone does not result in the acquisition of citizenship.
There is a right to opt for Spanish nationality by origin within 2 years of the determination.Adoption after the age of 18
If the adoption by a Spanish citizen takes place when the adoptee is already over the age of 18, citizenship is not acquired automatically either.
They may opt for Spanish nationality by origin within the 2 years following the adoption.Do you have to apply for Spanish nationality by origin?
There is no single answer, as it depends on the circumstances. In many cases, Spanish nationality by origin arises directly under the law, but the birth and nationality must be properly documented and registered with the Civil Registry .
In other cases, a specific application is required. The best-known example is a declaration of Spanish nationality by simple presumption for certain children born in Spain to foreign parents.
Identify the applicable legal provision
Determine whether the case falls under Article 17, an adoption under Article 19 or a right to opt for citizenship.
Gather the certificates
It will generally be essential to provide proof of birth, parentage and the parents’ nationality, or of the adoption, depending on the case.
Check foreign documents
Foreign certificates may need legalisation, an apostille or an official translation.
Apply through the competent Civil Registry
The specific procedure will depend on the registration status and the legal basis on which citizenship is recognised.
Spanish citizenship by origin, by option and by residence: different situations
This status derives from the law
It may apply from birth or be acquired through an adoption completed before the age of 18 years.
Articles 17 and 19Requires a declaration of intent
This route applies in certain circumstances provided for by law, including some involving people who are Spanish by origin.
View the option route →Requires prior legal residence
This is a separate route that requires meeting the statutory residence period and the other requirements of the procedure.
View residence options →Can Spanish citizens by origin lose their citizenship?
The Constitution provides that no Spanish citizen by origin may be deprived of their citizenship . This means the State cannot impose the loss of this status as a penalty or through a unilateral decision.
However, the Civil Code sets out rules on loss of citizenship in certain situations, particularly those involving emancipated people who habitually reside abroad. Therefore, “cannot be deprived of it” and “can never lose it” do not mean exactly the same thing.
Frequently asked questions about Spanish citizenship by origin
Am I a Spanish citizen by origin if my father or mother is Spanish?
Does being born in Spain automatically make me a Spanish citizen?
Can a child born in Spain to foreign parents be a Spanish citizen?
What is Spanish nationality by simple presumption?
Is a minor adopted by a Spanish citizen Spanish by origin?
What happens if the adoption takes place after the age of 18?
What happens if I discover that my father or mother is Spanish after the age of 18?
Can a Spanish citizen by origin be deprived of their nationality?
Official sources
First, identify the grounds on which you may be Spanish
Place of birth is not the only criterion. The parents’ nationality, where they were born, parentage, age and any adoption can completely change which procedure applies.