Originally Posted by
Patricia
Hello,
The baby will have the same legal status as his/her parents, so if they are in an irregular situation the baby will also be in that situation. If the baby could access legal residency, he/she would be eligible for Spanish nationality after a year.
In case the baby was apatrida - stateless -, that is, the parents home country did not grant citizenship to children born out of the country, the baby could then apply for Spanish nationality by Simple presuncion, that is, by assuming the baby acquired Spanish nationality by being born in Spanish territory.
In any case, children are not obliged to have an ID until they are 14, so you have plenty of time to arrange your residency status.
Best Regards,
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