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The Spanish Lawyer Online

Is a child eligible for Spanish nationality just by being born in Spain?

Immigration Law

Francisco Garcia Ramirez

19th of July 2001

Q. My sister gave birth in Marbella 2 days ago. Does this entitle her child for the Spanish citizenship? is there any scenario her child could get it?


    A. If your nephew/niece does not fulfil any of the requirements necessary to obtain the Spanish nationality other than birth in Spanish soil, the child will only be eligible for Spanish nationality if one of the following is complied with:

    • Both parents are either from Uruguay or Argentinia
    • Father is from Argentina and mother is from Uruguay
    • Parents are Peruvian
    • Father is from Paraguay and mother from Taiwan
    • Parents are Dominican
    • Children are born to Portuguese parents that have not been registered in the civil registry in Portugal.
    • Parents whose country of origin cannot be established will give birth, in Spain, to Spanish children.

    The reason for this is that these countries do not grant nationality to children born outside their country, that is, the country of origin of the parents, is regulated, in birth issues, by the IUS SOLIS, whereby only children born in their territory are nationals of the country. As Spain dictates that no children born in Spain can be state-less, they automatically become Spanish nationals.

    If you need more help do not hesitate to contact us.

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