If you want Fernanda Vargas to review your child’s case, you can contact her on WhatsApp or book an appointment on Calendly. In a matter as sensitive as the nationality of a baby born in Spain, it is worth confirming every detail before filing anything.
Introduction: being born in Spain does not automatically grant nationality
This is probably one of the most frequently repeated questions among foreign mothers and fathers: if my baby is born in Spain, is the baby already Spanish? The direct answer is no. Being born in Spain does not automatically grant Spanish nationality in every case.
Spanish nationality by birth in Spain can only be recognized through this route when the law of the parents’ country does not grant the child a nationality at birth. That is why some families can apply for it and others cannot. This is a key difference, and it explains why Nicaraguan, Dominican, Venezuelan, Peruvian, Cuban, or Colombian mothers receive different answers even though all of them gave birth in Spain.
In addition, this is a very common issue. According to the INE, 318,005 children were born in Spain in 2024, and 81,339 of them, that is, 25.6%, had a foreign mother. The more international families there are, the more important it is to properly understand when this nationality of origin applies and when it does not.
In this guide you will find a practical country-by-country list, the cases that are usually accepted, those that are usually denied, mixed cases, and the mistakes that cause the most problems at the Civil Registry (Registro Civil).
The Rule: Article 17.1.c of the Civil Code and Why It Exists
The legal basis is Article 17.1.c of the Civil Code. This provision considers as Spanish by origin those born in Spain to foreign parents if both lack nationality or if the legislation of neither of them grants the child a nationality.
The idea is to prevent statelessness. In other words, to prevent a child from being born without any nationality. It is not about rewarding the fact of being born on Spanish territory, but about filling a gap when the minor does not automatically receive the nationality of either parent.
This has several very important consequences:
- It is not enough to have been born in Spain.
- You have to analyze the national law of both parents.
- If the legislation of either of them grants a nationality to the child, this route will normally not apply.
- Nationality is processed as a declaration procedure with the value of simple presumption before the Civil Registry.
The official reference list usually used by Civil Registries is the DGRN Instruction of March 28, 2007. But that instruction cannot be read as a frozen snapshot: several countries have changed their Constitution or their nationality rules since then. That is why, in addition to the historical list, you must always check the law in force in the parents’ country on the exact date of the minor’s birth.
Countries Whose Nationals Can Usually Apply for It for Their Child
Below is a general guidance table with countries whose nationals can usually apply for Spanish nationality with the value of simple presumption for their child born in Spain. I say “can usually” because the Civil Registry may require updated consular evidence and because in some States the grant depends on registration, declaration, or other requirements.
| Country or situation | Usual practical situation | Important nuance |
|---|---|---|
| Peru | Usually applies | It is one of the classic simple presumption cases. |
| Colombia | Usually applies | The Supreme Court confirmed in 2023 a case involving a daughter born in Spain to Colombian parents because Colombia did not grant her nationality at birth without domicile or consular registration. |
| Argentina | Usually applies | It appears among the reference favorable cases. |
| Costa Rica | Usually applies | It is advisable to include an updated consular certificate on the applicable law. |
| Cuba | Usually applies, with caution | After the 2019 Constitution and the 2024 Citizenship Law, it is essential to properly prove the current situation. |
| Paraguay and Panama | In practice usually accepted | Many Civil Registries include them in favorable lists, but always with a consular certificate. |
| Brazil | May apply | The situation is linked to consular registration or choice; if the minor is not registered, some Registries accept it. |
| Cape Verde, Guinea-Bissau, and São Tomé and Príncipe | In practice usually accepted | This must be proven with updated consular documents. |
| Portugal | Depending on the case | Some Civil Registries include it in favorable lists, but it should not be assumed without reviewing the case. |
| Palestinians, Sahrawis, and stateless persons | May apply | The reason here is precisely to prevent statelessness. |
Within this group, the Colombian case deserves special mention. Supreme Court Judgment 280/2023, of February 21, confirmed that a girl born in Spain to Colombian parents had acquired Spanish nationality by origin under Article 17.1.c, because Colombia did not grant her its nationality at birth in those circumstances.
That said, the fact that a country appears in a favorable table does not mean you can file the application any which way. In these cases, documentary evidence is decisive: if the consulate issues an ambiguous certificate, if the minor was already registered outside Spain, or if foreign law changed, the outcome may vary.
Countries That Do Not Allow It Because They Automatically Pass On Their Nationality
There is another group of countries where this route normally does not apply, because the national law of the father or the mother does grant nationality to the child born abroad. When that happens, the minor is not stateless and Article 17.1.c no longer applies.
| Country or group | Usual practical situation | Main reason |
|---|---|---|
| Nicaragua | Usually does not apply | The parent’s nationality is passed on to the child. |
| Dominican Republic | Usually does not apply | The minor receives nationality under Dominican law. |
| Venezuela, if both parents are Venezuelan | Usually does not apply | In that case the child is Venezuelan. |
| Ecuador, for those born from October 20, 2008 onward | Does not apply | The 2008 Constitution changed the situation. |
| Bolivia, for those born from February 2009 onward | Does not apply | The 2009 Constitution and its implementing rules recognize nationality by birth in this case. |
| Chile | Today, in general, does not apply | The 2005 reform eliminated the residency requirement. |
| Morocco, if both parents are Moroccan | Does not apply | Moroccan law grants nationality to the child. |
| Bulgaria, Poland, Romania, and Russia | Usually does not apply | Their laws grant nationality by descent. |
| Nigeria, Pakistan, and Senegal | Usually does not apply | The child receives nationality under the parent’s legislation. |
| Many countries in Europe, Asia, and Africa | Usually does not apply | Simple presumption is exceptional when national law automatically passes on nationality. |
This is why so many families are surprised when they hear that “the child was born in Spain, but is not Spanish.” Legally it may sound harsh, but the key is not the place of birth by itself, but whether or not the minor is left without nationality.
Cases That Depend: the Most Delicate Situations
There are countries where the answer cannot be given with an automatic yes or no. These are the applications that get stuck the most, because everything depends on how the national law works at that time and how it is proven before the Civil Registry.
| Scenario | What usually happens | What needs to be checked |
|---|---|---|
| Venezuela with only one Venezuelan parent | It depends | The grant may depend on residence or declaration. |
| Morocco with a Moroccan mother and a stateless father or one who does not pass on nationality | May apply | This is a case expressly recognized in reference decisions. |
| Switzerland with an unmarried Swiss father | May apply | It is a specific case that must be properly proven. |
| Ecuador depending on the date of birth | It depends | Before the constitutional change, the situation was not the same as after October 20, 2008. |
| Bolivia depending on the date of birth | It depends | Before February 2009, the analysis is different. |
| Cuba | It is advisable to exercise extreme caution | The 2019 Constitution and the 2024 Citizenship Law require reviewing very up-to-date certificates. |
| Portugal | Depends on the case | The application should not be started without verifying the specific consular response. |
| Uruguay | Depends on the case | It does not appear as a clearly favorable country in the 2007 Instruction and there is a decision denying it; it is advisable to analyze the documents and the lack of consular registration very carefully before filing the application. |
There are also specific combinations that have historically been treated as favorable, such as a Venezuelan-Colombian couple. Even so, it is not advisable to rely on the “lists” circulating on social media. The correct approach is to look at the minor’s date of birth, each country’s law at that time, and the consular evidence that will be filed.
Mixed Couples: Both Parents Must Be From Countries That Do Not Pass On Nationality
This point creates a great deal of confusion. For simple presumption to apply, it is not enough for one of the parents to be from a favorable country. What is analyzed is whether the legislation of neither of them grants a nationality to the child.
Put simply: if the law of one of the parents does grant a nationality to the minor, this route fails. That is why, in mixed couples, the analysis has to be done twice over.
- If both parents are from countries that do not automatically pass on their nationality to a child born abroad, it may apply.
- If one of them does pass on nationality, simple presumption will normally not apply.
- There are favorable mixed combinations, but they must be justified very precisely.
This is one of the reasons why an application that appears similar to another family’s ends with a different answer. You must not look only at the mother’s nationality or only at the father’s nationality: both matter.
If One of the Parents Is Spanish or Was Born in Spain
If one of the parents is Spanish, the situation changes completely. In that case, the baby’s nationality does not usually depend on Article 17.1.c, but on the route under Article 17.1.a of the Civil Code. In other words, we are no longer talking about preventing statelessness, but about granting nationality by origin for being the child of a Spanish parent.
It is also advisable to review separately the cases in which one of the parents was born in Spain, because Article 17.1.b may come into play. An application based on simple presumption is not the same as an application based on another subsection of Article 17. If any of these situations apply in your family, it is not advisable to mix routes or file the wrong application.
In practice, this means something very simple: if the father or mother is Spanish, or if one of the parents was previously born in Spain, that route must be examined first before thinking about simple presumption.
Common Mistake: Registering the Baby at the Consulate Before Applying for Presumption
This is probably the most costly mistake in the process. Many families, acting in complete good faith, first register the baby at their country’s consulate and only afterwards ask whether the baby could be Spanish by simple presumption. Sometimes, by the time they get to the Civil Registry, it is already too late.
Why? Because if the minor already appears registered and documented as a national of another country, the Registry may understand that the lack of nationality situation that justifies Article 17.1.c does not exist. There is a known decision in a case involving a person born in Spain to Uruguayan parents in which it was denied precisely because the person was already living with documents as a Uruguayan national.
That is why, before rushing to the consulate, the prudent course is usually to follow this order:
- Register the birth at the Spanish Civil Registry and obtain the full birth certificate.
- Check whether simple presumption applies based on both parents’ nationalities.
- Request the necessary consular certificates.
- File the application at the Civil Registry of the place of residence.
If you have already completed consular registration, do not assume the case is lost without reviewing it, but it is a fact that can seriously harm the application.
How to Apply: Civil Registry of the Place of Residence and Declaration Procedure
Spanish nationality through this route is processed through a declaration of nationality procedure with the value of simple presumption. Today, the procedural reference is Law 20/2011 on the Civil Registry, and the competent authority is the Civil Registry of the applicant’s place of residence.
In practical terms, the procedure usually unfolds as follows:
- An application signed by both parents is filed.
- Identity documents, proof of address, the minor’s birth documents, and consular certificates are provided.
- The Civil Registry checks whether the law of either parent grants nationality to the child.
- If it concludes that neither one grants it, it declares Spanish nationality with the value of simple presumption.
It is not an “automatic” procedure, even if the child was born in Spain. The Civil Registry has to examine the applicable foreign law and the evidence filed. That is why preparation of the application matters so much.
Documents: What Is Usually Required and Why They Matter So Much
The usual documents in this type of procedure are the following:
- Application signed by both parents.
- Passports or NIEs of the parents.
- Historical municipal registration certificate.
- The minor’s full Spanish birth certificate.
- Consular nationality certificate for each parent.
- Consular certificate on the applicable law.
- Consular certificate stating the minor has not been registered, when applicable.
- Apostille and sworn translation, if applicable.
These certificates are not a mere formal requirement. They are the central piece of the application, because they make it possible to prove before the Civil Registry what exactly foreign law says and whether or not the minor has been registered as a national of that country.
If the consular documents are poorly drafted, incomplete, or contradict the minor’s actual situation, the application can become much more complicated. And if the foreign document needs an apostille or a sworn translation, it is advisable to do it properly from the outset to avoid requests for further documents.
If It Is Denied: Appeal to the DGSJFP Within 1 Month
A denial is not always the end. If the Civil Registry rejects the application, an appeal to the DGSJFP is possible, and the stated deadline is 1 month.
Before appealing, it is essential to understand why it was denied. Many times, the issue is not the birth in Spain, but how foreign law was proven, whether there was prior consular registration, or whether the parents’ country had changed its rules.
If you have received a negative decision, it is worth having Fernanda Vargas, immigration lawyer, review the full application: certificates, date of birth, both parents’ nationalities, and the exact grounds for the denial.
If It Does Not Apply: the Minor’s Residence and Nationality by Residence After 1 Year
The fact that simple presumption does not apply does not mean the minor has no options. If your child was born in Spain and cannot be Spanish under Article 17.1.c, the next step is usually to properly regularize the child’s residence status. Here you can read this guide on residence for a baby born in Spain to foreign parents.
In addition, the Civil Code provides for nationality by residence after 1 year for those born in Spain. This is a different, later route, and a very important one when the baby does not fall within simple presumption. If you want a professional to handle it, Fernanda Vargas can help you with Spanish nationality by residence for minors born in Spain.
In other words: if your child is not Spanish by origin for being born in Spain, the child may still later become Spanish through the residence route, as long as the process is properly prepared.
Frequently Asked Questions
What if my papers are irregular?
The parents’ irregular status does not by itself make the minor Spanish, nor does it by itself prevent simple presumption. What is decisive in this procedure is whether the law of neither parent grants a nationality to the child at birth.
That said, to process the application you will still have to identify yourself, prove your address, and file the required documents. In addition, the family’s immigration status matters for other procedures, such as the minor’s residence. If you are in this situation, it is advisable to review the full case with Fernanda Vargas.
Will my child lose my country’s nationality?
It depends on your country’s law. In these procedures, what matters is knowing whether your national legislation grants nationality automatically, by registration, by declaration, or under certain conditions. That answer changes from one State to another.
That is why it is not advisable to give a general answer. In some cases, the issue is precisely that the country of origin does recognize the child as a national; in others, nationality depends on later formalities. If you want to avoid mistakes, you have to examine the rule in force in your country on the minor’s date of birth.
How much does it cost?
There is no single figure that works for every case. The actual cost depends above all on the consular certificates that need to be requested, whether they need an apostille, whether a sworn translation is needed, and the complexity of the application.
If you want to know the cost of your specific case before starting, the most practical option is to request an assessment from Fernanda Vargas with the baby’s basic documents and those of both parents.
If you need help preparing the application or reviewing a possible denial, you can contact Fernanda Vargas on WhatsApp or book a consultation on Calendly.
Conclusion and Important Notice
The main idea is this: being born in Spain is not enough to be Spanish, but in some cases it does make it possible to obtain Spanish nationality by origin with the value of simple presumption. Everything depends on whether the law of neither parent grants the child a nationality.
The reference list is still the DGRN Instruction of March 28, 2007, but it should not be applied mechanically. Ecuador, Bolivia, Chile, Cuba, and other countries have had significant constitutional or legal changes. That is why each application depends on the law in force in the parents’ country on the exact date of birth and on how it is proven before the Civil Registry.
If you want a serious review of your case, you can contact Fernanda Vargas on WhatsApp or book an appointment on Calendly. In nationality matters for children born in Spain, one timely detail can make all the difference.