Spain Citizenship by Birth: Benefits and Legal Paths

Spain does not offer full birthright citizenship in the traditional jus soli sense, but children born in the country may still qualify for citizenship under certain legal conditions especially if their parents are stateless, from countries that do not automatically confer nationality by descent, or have legal residency in Spain.

In this article, we’ll address key questions such as:

• Does Spain have birthright citizenship?
• Is a child born in Spain automatically a citizen?
• What happens if I give birth in Spain?
• What is the quickest way to get Spanish citizenship?
• What are the benefits of being a citizen in Spain?

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How Does Birthright Citizenship Work in Spain?

Spain does not grant unconditional birthright citizenship or Spain citizenship by birth.

Instead of following a pure jus soli system (where anyone born on the territory automatically becomes a citizen), Spain uses a modified approach that considers the nationality and legal status of the parents.

A child born in Spain may acquire Spanish citizenship at birth or shortly after under these conditions:

• If both parents are stateless, or cannot pass on their nationality to the child (common with some Latin American or African nationalities), the child is usually eligible for Spanish citizenship by origin.
• If the child’s parents are legally residing in Spain, the child may acquire citizenship after one year of continuous legal residence in the country.
• If one parent is a Spanish citizen, the child receives citizenship automatically.

This legal framework is outlined in Article 17 of the Spanish Civil Code, which defines nationality by origin and includes cases of “presumed Spanish origin” for children born in Spain who would otherwise be stateless.

What Happens If Your Baby Is Born in Spain?

When a baby is born in Spain, the first step is registering the birth with the local Civil Registry (Registro Civil), which must be done within ten days of birth.

Parents must present a birth certificate issued by the hospital, along with valid IDs, proof of residence, and documentation of marital status if applicable.

While the birth itself does not guarantee Spanish nationality, it does create a clear legal record and may form the basis for future residency or citizenship rights for the child and, potentially, for the parents.

What Are the Benefits of Having a Baby in Spain?

What Is the Fastest Way to Get Spanish Citizenship?

The fastest way to obtain Spanish citizenship typically depends on your nationality, ancestry, or family situation.

Spain primarily grants citizenship through residency-based naturalization, but several accelerated pathways exist.

For most foreign nationals, the standard timeline requires 10 years of legal residence before applying for citizenship.

Applicants must show integration into Spanish society, a clean criminal record, and pass language and culture tests.

However, several exceptions allow for faster naturalization:

• Ibero-American nationals, as well as citizens of the Philippines and Portugal can apply after just 2 years of legal residence.
• Spouses of Spanish citizens may apply after 1 year of legal residence, provided they’ve been married and cohabiting for at least a year.
• Children born in Spain to foreign parents who are legally resident may also be eligible after 1 year of residency, even if the child was not granted nationality at birth.
• Those with Spanish parents or grandparents may qualify for citizenship by descent, a process that can be faster and often does not require residency, depending on the circumstances.

Each route has specific requirements for documentation, legal stay, and continuity of residence.

What Are the Benefits of Having Citizenship in Spain?

As a Spanish citizen, you gain full access to EU rights, including the freedom to live, work, and study in any EU or EEA country; a major benefit for internationally mobile families.

Domestically, citizenship entitles you to:

• Access to quality public education, including free university tuition at many institutions
• Voting rights and political participation, including in national and EU elections
• Simplified family reunification, especially for spouses and dependent relatives
• Unrestricted property ownership and inheritance rights in Spain

In addition, Spanish passport holders enjoy visa-free access to over 122 countries, making it one of the world’s strongest passports in terms of travel freedom.

Conclusion

Spain citizenship by birth reflects a balance between territorial birth and parental circumstances.

While Spain does not automatically grant citizenship to all children born on its soil, legal pathways exist.

These frameworks offer a gateway not just to Spanish nationality, but to the broader rights that come with EU citizenship, including healthcare, education, and mobility.

For foreign parents, giving birth in Spain offers legal clarity and access to essential services, and may open future avenues for family regularization or citizenship.

Whether through birth, descent, or naturalization, Spanish citizenship remains a valuable and attainable goal for those with the right legal footing and long-term intent.

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Adam is an internationally recognised author on financial matters with over 830million answer views on Quora, a widely sold book on Amazon, and a contributor on Forbes.