The birth of a child is a joyful and exciting moment, especially for immigrant families. However, one of the most common questions is: If I am a foreign national and my child is born in Spain, will they be Spanish? This article explores the circumstances in which a child born in Spain may acquire Spanish citizenship.

A child’s nationality at birth in Spain depends primarily on their parents’ nationality. Below, we look in detail at how the nationality of children of foreign nationals is determined and the exceptions that may apply in this context.

If I am a foreign national and my child is born in Spain, will they be Spanish?

Generally, a child born in Spain acquires their parents’ nationality. This means that if both parents are foreign nationals, the child will generally not automatically receive Spanish citizenship. However, there are important exceptions to consider.

Under the Spanish Civil Code, children of foreign nationals born in Spain may be able to opt for Spanish citizenship in specific situations, such as when their parents cannot pass on their nationality to them. This provision aims to prevent children from becoming stateless.

Article 17 of the Civil Code provides that children of foreign nationals may acquire Spanish citizenship by presumption if at least one parent has legal residence in Spain. This means they are recognised as having the right to be Spanish.

My child was born in Spain. Are they Spanish?

The answer depends on several factors, but in general, a child born in Spain has the right to opt for Spanish citizenship, provided certain conditions are met. The parents must be eligible to apply for citizenship based on their immigration status and the legislation in force.

Foreign nationals who want their child to obtain Spanish citizenship must prove that they were legally resident in the country when the child was born. This ensures that the child does not become stateless.

Are children born in Spain to foreign parents Spanish?

Children born in Spain to foreign parents are not automatically Spanish. Their nationality depends on the laws in force in their parents’ country of origin and their situation in Spain. However, there are mechanisms that allow these children to opt for Spanish citizenship.

• If one parent is Spanish or is a national of a country that does not automatically grant citizenship to children born abroad.
• If the parents have been legally resident in Spain for a certain period of time.
• If it is shown that the child is not entitled to their parents’ nationality.

It is essential for parents to understand these procedures and their children’s rights, as this may make the process of obtaining citizenship easier.

What if the parents are not from any of these countries?

If the parents are not from countries that grant citizenship to their children born abroad, the process may be more complicated. In this case, the mechanism of citizenship by presumption, set out in the Spanish Civil Code, will apply.

This mechanism allows children of foreign nationals born in Spain to apply for Spanish citizenship once they meet a series of requirements, including one year of continuous residence in Spain. This is particularly relevant for children who do not hold the nationality of their parents’ countries of origin.

Parents must ensure that they meet all the legal requirements for the citizenship application to be successful. It is advisable to consult an immigration lawyer for personalised advice.

Can you obtain Spanish citizenship by having a Spanish child?

Parents of a Spanish child may be able to apply for Spanish citizenship simply because they have a child born in Spain, but this is always subject to the immigration laws in force and the specific requirements set out in the Spanish Civil Code.

The possibility of obtaining citizenship will depend, among other factors, on the parents’ immigration status and how long they have lived in Spain. In general, the process requires parents to have been legally resident in the country for a certain period.

• A minimum residence period of one year is normally required.
• Parents must demonstrate that they are integrated into Spanish society.
• The citizenship application can be submitted to the relevant Civil Registry.

These steps are essential to ensure that parents can regularize their immigration status in Spain after their child is born.

Benefits of having a child in Spain as an immigrant

Having a child in Spain can offer immigrants several benefits, including:

• An easier process for regularizing the parents’ immigration status.
• Access to public, free healthcare and education for the child.
• The opportunity to obtain Spanish citizenship, which can open up employment and other opportunities in the European Union.

Having a child in Spain can also create a stronger bond with the country, which may help the family integrate into Spanish society. In addition, children born in Spain are more likely to speak Spanish and adopt the local culture.

These factors are important for immigrants seeking to build a stable future for their families in Spain.

Related questions about the citizenship of children born in Spain

What happens if I am a foreign national and my child is born in Spain?

If you are a foreign national and your child is born in Spain, your child’s nationality will depend on the parents’ nationalities. In general, if both parents are foreign nationals, the child will not automatically acquire Spanish citizenship, but may be able to apply for it under certain conditions, such as the parents’ legal residence in the country.

What happens if a foreign national gives birth in Spain?

When a foreign national gives birth in Spain, the child’s nationality will depend on the mother’s country of origin. If the mother is not entitled to pass on her nationality, the child may be eligible for Spanish citizenship through the mechanism of nationality by simple presumption.

Is a child born in Spain Spanish?

A child born in Spain does not automatically become Spanish if their parents are foreign nationals. However, there are exceptions that allow the child to acquire Spanish citizenship, mainly if one of the parents is legally resident in the country.

What happens if I am Colombian and have a child in Spain?

If you are Colombian and have a child in Spain, the child will not automatically acquire Spanish citizenship. However, you can apply for your child to acquire Spanish citizenship if you meet the residence requirements and other criteria set out in the Spanish Civil Code.

For more detailed information, you can watch the following video for an overview of Spanish citizenship: