As of 2025, a new amendment to the Portuguese Nationality Law will require at least one parent to have three years of legal residence before a child born in Portugal becomes eligible for citizenship.
While passed, the law is not yet fully in effect as of mid-2025.
This article explains how Portugal’s birthright citizenship rules work, particularly for foreigners, and how they compare to other citizenship pathways.
Key points we’ll cover include:
- Are you automatically a citizen if you are born in Portugal?
- What are the benefits of giving birth in Portugal for foreigners?
- What are the advantages of being a citizen of Portugal?
- What is the fastest way to get citizenship in Portugal?
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Does Portugal Allow Birthright Citizenship?
Portugal does recognize birthright citizenship under certain conditions, but it does not follow a full jus soli (right of the soil) system.
Instead, it applies a modified version of this principle, combining elements of jus soli and jus sanguinis (right of blood), meaning that not all children born in Portugal automatically acquire citizenship.
In contrast to countries like the United States, where being born on national soil generally guarantees citizenship, Portugal takes a more conditional approach.
Under a proposed 2025 amendment to the Portuguese Nationality Law, a child born in Portugal to foreign parents would only be eligible for Portuguese citizenship by birth if at least one parent has been legally residing in the country for three consecutive years at the time of birth.
The amendment also aims to remove automatic citizenship at birth, requiring parents to formally apply for their child’s nationality.
If enacted, this would mark a notable shift from the 2020 law, which granted citizenship at birth with just one year of parental legal residency and no formal application needed.
Stateless children, or those born to parents who are unknown or cannot confer nationality, remain eligible under Article 1(1)(f) of the Portuguese Nationality Law.
However, even in these cases, the updated law emphasizes legal residence duration and formal procedures.
While Portugal no longer offers one of Europe’s easiest birthright citizenship routes, the three-year threshold still makes it more accessible than in many other EU countries especially for second-generation immigrants and expat families who meet the new legal requirements.
What Happens When a Foreigner Gives Birth in Portugal?
All births in Portugal must be reported and officially registered through the country’s civil system.
After the child is born, typically in a public or private hospital, the birth is registered with the Conservatória do Registo Civil (Civil Registry Office).
Most hospitals assist with this process, allowing parents to complete the necessary paperwork on-site.
Alternatively, parents can visit a Civil Registry office within 20 days of the birth to complete registration.
Citizenship rights depend on whether one or both parents have been legal residents in Portugal for the minimum years required.
If this condition is met, the child may acquire Portugal citizenship by birth, but only through a formal application process.
If not, the child is still issued a birth certificate, but does not receive nationality unless the legal criteria are fulfilled and citizenship is later requested.
To complete the registration, parents typically need to present the following documents at the Civil Registry:
- Valid passports or residence permits for both parents
- The hospital-issued live birth certificate
- Proof of at least three years of legal residence in Portugal (e.g., residence permits, tax records, social security contributions) if applying for citizenship
- Marriage certificate (if applicable), though it is not always required
The process is free of charge and includes assigning a Portuguese name format to the child, following local naming customs.
Can You Get Citizenship by Having a Baby in Portugal?
Having a baby in Portugal does not grant automatic citizenship to the parents.
Portuguese law does not offer a direct “citizenship by parenthood” route, meaning that giving birth to a Portuguese citizen child does not entitle the foreign parents to citizenship themselves.
However, there can be indirect benefits.
If the child is born in Portugal and acquires Portugal citizenship by birth, this can strengthen the parents’ case for long-term residency or eventual naturalization.
Portuguese immigration policy allows for family reunification, and having a citizen child can be a factor in residency applications or renewals.
In some cases, parents of Portuguese children may qualify for a residency permit on humanitarian or family grounds, especially if they are the primary caregivers.
Over time, this legal status may lead to permanent residency and, eventually, the right to apply for Portuguese citizenship through the standard naturalization process.
What Happens If I Give Birth in Portugal?
Foreign nationals giving birth in Portugal can generally expect high-quality medical care and a straightforward postnatal process, though access and costs may vary depending on residency status and healthcare coverage.
Healthcare access for pregnant foreigners is available through both the public healthcare system (SNS) and private hospitals.
EU citizens with a European Health Insurance Card (EHIC) and non-EU residents with legal status typically have access to the SNS at low or no cost.
Those without legal residency or private insurance may face full out-of-pocket costs or need to rely on private clinics.
Costs for childbirth in public hospitals are generally low (sometimes free) if the mother is enrolled in the SNS.
In private hospitals, costs can range from €3,000 to over €7,000 for delivery, depending on the type of birth (natural or cesarean), length of stay, and services used.
After the birth, parents must:
- Register the birth with the local Civil Registry Office (Conservatória do Registo Civil) within 20 days
- Obtain a Portuguese birth certificate
- Report the birth to their home country’s consulate to register the child as a citizen and apply for a passport, if dual nationality is allowed
- Apply for a Portuguese residence permit for the child, if needed
Your immigration status at the time of birth affects more than just the child’s citizenship eligibility.
If you’re on a temporary visa, you may still access maternity services, but you might not qualify for subsidized care.
On the other hand, those with long-term residence or who are registered with the SNS are eligible for full maternity care under Portugal’s public system.
What Are the Benefits of Being a Citizen of Portugal?
One of the most significant benefits is EU citizenship, which grants the right to live, work, and study in any EU or EEA member state.
This makes Portuguese citizens highly mobile across Europe and provides access to some of the world’s top education and employment markets.
Portuguese citizens also enjoy full access to the country’s healthcare, education, and social services.
Portugal’s public healthcare system is affordable and well-regarded, and citizens benefit from subsidized or free services.
Public schools and universities are also accessible at reduced costs for nationals.
Another major perk is visa-free travel to over 121 countries, including Japan, Philippines, and most of Latin America.
This global mobility is particularly valuable for internationally connected families and frequent travelers.
Portugal also allows dual citizenship, meaning a child can typically retain their original nationality alongside Portuguese citizenship, depending on the laws of their other country.
Finally, citizenship can bring tax and residency planning advantages, especially for global families.
Portugal offers favorable tax regimes such as the Non-Habitual Resident (NHR) program, and citizenship may facilitate smoother transitions for future relocations, investments, or retirement in the EU.
What Is the Easiest Way to Get Portuguese Citizenship (Aside from Birth)?
The easiest route depends on your personal background, family ties, and long-term plans in Portugal.
One of the most common methods is naturalization, which requires five years of legal residency in Portugal (recently proposed to be 10 years for most applicants).
Applicants must show integration into Portuguese society, including basic language skills (A2 level), a clean criminal record, and proof of ties to the country.
This route is open to most foreign residents, including retirees, professionals, and expat families.
Another accessible option is citizenship by descent, available to individuals with at least one Portuguese parent or grandparent.
This typically involves proving lineage through official documents and does not require residency or language proficiency.
Marriage to a Portuguese citizen offers a faster route.
After three years of marriage or legal partnership (and cohabitation), a foreign spouse may apply for citizenship, even without living in Portugal, provided the relationship is well-documented and ongoing.
Portugal also has a unique pathway for those with Sephardic Jewish ancestry, allowing descendants of Portuguese Jews expelled in the 15th century to apply for citizenship.
Though this route has tightened in recent years, it remains viable for some applicants.
Finally, the Golden Visa program offers residency through qualifying investments.
After five years of holding the visa, investors can apply for permanent residence or citizenship, assuming they meet the physical presence, language, and legal criteria.
When compared to these pathways, birth-based citizenship is arguably the most straightforward when eligible.
It avoids residency tests, language exams, and years of waiting.
Conclusión
Portugal offers a relatively inclusive path to citizenship for children born on its soil, but it isn’t automatic for all.
Understanding the residency requirements and broader legal framework is key for expat families planning to give birth in Portugal or secure citizenship for their children.
Whether you’re drawn by family benefits or long-term EU access, knowing the rules upfront can shape your best path forward.
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Adam es un autor reconocido internacionalmente en temas financieros, con más de 830 millones de respuestas en Quora, un libro muy vendido en Amazon y colaborador de Forbes.
