Spanish nationality of a child born in Spain to Indian parents

[Unregistered]

what if a child is born in spain for a indian mother & father who are in spain on visit visa, do the child get the nationality ?

[Marta]

The answer to your question is no. A child born in Spain of foreign parents will acquire the nationality of his/her parents. The only situation where this child could be considered Spanish is if the country of origin of the parents does not grant the nationality to this child born out of their country. This is the case of certain countries such as: Argentina, Bolivia, Brasil, Cape Verde, Cuba, Colombia, Ecuador, Paraguay, Peru, Portugal and Uruguay amongst others. In order to know what the law of each country states with regards to a child born out of the parent's home country, is to request this information at the corresponding consulate in Spain.

[Unregistered]

Hello;
I am a Bolivian mother of a US citizen who was born in Tarragona, Spain. I would like to know if I could process paperwork to legalize my daughter as a Spanish Citizen.

[Marta]

Hello,

Your daughter would be able to request Spanish citizenship after having legally resided in Spain for one year. This would be due to the fact that she was born in Spain.

[amir]

The answer to your question is no. A child born in Spain of foreign parents will acquire the nationality of his/her parents. The only situation where this child could be considered Spanish is if the country of origin of the parents does not grant the nationality to this child born out of their country. This is the case of certain countries such as: Argentina, Bolivia, Brasil, Cape Verde, Cuba, Colombia, Ecuador, Paraguay, Peru, Portugal and Uruguay amongst others. In order to know what the law of each country states with regards to a child born out of the parent's home country, is to request this information at the corresponding consulate in Spain.

Dear Marta,
Would you please tell me where I can find the original low for this issue?
one of my friend told me that recently all babies born in Spain can acquire the Spanish nationality after one year.
Regards.
Amir.

[Marta]

Dear Amir,

This law can be found in the Código Civil. Libro I. Titulo 1. If the baby has not been granted any specific nationality then he /she will acquire Spanish citizenship.

[amir]

Dear Amir,

This law can be found in the Código Civil. Libro I. Titulo 1. If the baby has not been granted any specific nationality then he /she will acquire Spanish citizenship.

Dear Marta,

I have read the Código Civil. Libro I. Titulo 1 and you are right but I found the following link also and here they generally say that for who was born in spain it is possible to apply for the citizenship after one year.
there is no comment about the origin country of parents.
appreciate your help.

www2.mjusticia.es/cs/Satellite/es/1215198282620/Estructura_P/1215198291413/Detalle.html

[Marta]

Hi Amir,

This is also correct. A child born in Spain will be able to acquire Spanish citizenship through residence after having legally resided in Spain for one year. This residence must be legal and immediate to the citizenship request.

[amir]

Hi Amir,

This is also correct. A child born in Spain will be able to acquire Spanish citizenship through residence after having legally resided in Spain for one year. This residence must be legal and immediate to the citizenship request.

Hi Marta,
Thanks for your reply.

With the word legally residence in spain you mean the baby must have a kind of visa? If it is , then the baby must have a passport from the country of his parents and must apply for a visa to stay at least one year in the spain, is my undrestanding right or not?

Regards,
Amir

[Marta]

Hi Amir,
Yes, this is correct.