Is a child born in Spain a Spanish citizen?

One of the most common questions that generates a little bit confusion among foreign parents who have their children in Spain is: child born in Spain, will it be Spanish or will it have the nationality of the parents?

Child born in Spain: Ius sanguinis vs Ius Soli

The concept of Ius sanguinis (right of blood), by which a person acquires the nationality of his ascendants by the simple fact of his filiation (biological or adoptive) although the place of birth is another country.

And on the other hand, the concept of Ius soli, by which nationality is granted to those born in the territory of the State that applies this criterion (by birth in the territory regardless of the nationality of their parents).

That is, the different legal systems apply one of these legal criteria to determine the granting of citizenship to their citizens. In Spain, the order follows the criteria of Ius Sanguinis.

The Spanish order is governed by the principle of Ius sanguinis. This means that in principle, not all those born in Spanish territory will be Spanish, but in principle, it will depend on the parents transmitting their children, according to their own national law.

This is, as a general rule and in accordance with Spanish legislation, those born in Spain of foreign parents follow the nationality of their parents, but not always as we will see.

However, if the law of the country of any of them does not transmit its nationality because the child was born outside its territory (when it comes to countries that do not recognize as nationals those born outside its territory, by following its order the criterion Ius soli), in order to prevent the minor from lacking nationality, Spain recognizes, with a simple presumption value, Spanish nationality.

Remember that to make sure, you can request the help of professionals, who will advise you on everything you need.

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