Most parents who gain Spanish citizenship, whether through citizenship by descent, naturalization, or a special law, want to know if their children qualify, too. The answer is not always straightforward. Spanish nationality law is strict about timing. Whether your child qualifies depends on whether you were already a Spanish citizen at the time of their birth, and how your own Spanish citizenship application was recognized.
This guide explains how Spanish citizenship passes (or doesn’t pass) to children, what happens in adoption cases, and how families should plan to secure citizenship by descent for the next generation.
Why Spanish Citizenship Matters for Children
A Spanish passport isn’t just about easier travel. For children, it can secure:
- EU residence rights: The ability to live and work across 27 countries in the European Union.
- Education access: EU tuition rates at universities in Spain and beyond.
- Healthcare coverage: Access to national health systems across Europe.
- A heritage connection: Formal recognition of family roots in Spain and Spanish culture..
Because eligibility depends on your citizenship status at the moment of your child’s birth, many families need to think ahead to preserve these benefits and maintain a connection with their Spanish ancestors.
How Spanish Citizenship Passes to Children
If You Were Already Spanish at the Time of Birth
If you were a Spanish citizen when your child was born, then your child is Spanish automatically.
- Example: Marta was born in Barcelona and later moved to Canada. When her son Lucas was born there in 2010, he automatically became Spanish because Marta never lost her Spanish nationality. Lucas simply needs to have his birth certificate registered at the Spanish Embassy to be recognized and to receive his passport.
This applies whether you became Spanish by birth in Spain, by citizenship by descent (through your own parent or grandparent), or through a recognized adoption.
If You Became Spanish Later
If you obtained Spanish citizenship after your child was born (for example, through the 2022 Democratic Memory Law or through naturalization), then your child does not automatically qualify.
- Example: Diego’s grandmother was born in Madrid, and he applied for Spanish citizenship by descent through the Democratic Memory Law in 2023. He has two children, born in the U.S. in 2015 and 2018. Because he was not Spanish at the time of their birth, they do not automatically inherit Spanish nationality.
In this case, the children may need to apply through residence in Spain or another legal pathway.
Adopted Children
Adoption creates the same rights as biological descent, but again, timing is everything.
- If the adopting parent was already Spanish when the adoption was finalized, the child automatically becomes Spanish.
- If the parent became Spanish after the adoption, the child does not automatically qualify.
Spanish law treats adoption as the legal creation of the parent-child relationship. If the parent is Spanish at that moment, nationality is passed. If not, it is not.
The Role of the Democratic Memory Law
The Democratic Memory Law (2022) opened a window for grandchildren of Spaniards to apply for citizenship by descent until October 22, 2025. But it only applied to them directly.
Children of new citizens under this law qualified only if the parent completed their application process and became Spanish before the child was born.
Families with young children who did not submit their Spanish citizenship applications before the deadline lose their Democratic Memory Law rights.
Legal Framework
Spanish rules on descent are set out in:
- Spanish Civil Code, Articles 17–22: General rules for nationality by birth and descent.
- Ley 20/2022 (Democratic Memory Law): Temporary path for grandchildren of Spaniards.
- Civil Code provisions on adoption: Confirm that adoption creates the same rights as biological descent if finalized while the parent is Spanish.
These laws are implemented under the Spanish government and interpreted by Spanish authorities through the Spanish Embassy and Ministry of Justice.
Application Path for Children
1. Confirm Parent’s Status
The key question is whether you were already Spanish when your child was born. This determines if the child qualifies automatically for Spanish dual citizenship.
2. Register the Child’s Birth
If the child qualifies automatically, their birth certificate must be registered at the Spanish consulate or in Spain. This process establishes nationality officially.
3. Apply for Passport
Once the birth is registered, the child can apply for a Spanish passport. Some consulates may require proof of Spanish language proficiency for parents or guardians completing the application process.
4. Explore Alternatives if Not Automatic
If the parent was not Spanish at the time of birth, the child may need to:
- Live in Spain and apply for nationality by residence (often reduced residency periods can apply).
- Apply under discretionary laws if available in the future.
Common Scenarios of Spanish Citizenship for Children
- Spanish-born parent living abroad: Children are Spanish from birth; they only need consular registration.
- Grandchild of Spaniard under the 2022 law: Parent becomes Spanish in 2023, but child was born in 2018 → child does not automatically qualify.
- Adopted child: Adoption finalized when parent was already Spanish → child is Spanish from that date.
FAQs about Children Acquiring Spanish Citizenship
Do adopted children need to apply separately?
No. If the adoption was finalized while the parent was Spanish, the child automatically acquires nationality.
Can grandchildren under the 2022 law pass citizenship to children?
Yes, but only if they became Spanish before their children were born.
What if my child was born before I applied under the 2022 law?
They are not automatically Spanish. You may need to consider residence-based options.
Important Note
Spanish citizenship cases for children are highly time-sensitive. The law only passes nationality if the parent was already Spanish when the child’s birth or adoption was legally recognized.
Even when eligibility looks clear, approval is not guaranteed. Spanish authorities may require additional evidence or reject incomplete registrations.
We recommend starting with our $250 full service guide and consulting a trusted citizenship expert before applying for your child. Understanding Spanish culture and preparing proper documentation can make a major difference in the application process for families pursuing Spanish dual citizenship.
Building a Legacy Through Spanish Citizenship
For families of Spanish ancestors, obtaining citizenship by descent is about more than paperwork – it’s about preserving heritage, reconnecting with roots, and sharing Spanish culture with the next generation. The Spanish government continues to support these pathways, allowing Spanish citizens abroad to pass their nationality on.
Whether through descent, adoption, or recognition under the Democratic Memory Law, securing Spanish dual citizenship ensures that the bond between Spain and its global diaspora remains strong for generations to come.
Sources
Spanish Civil Code (Código Civil), Articles 17–22 – establishes nationality by birth, descent, and adoption rules.
BOE – Código Civil (consolidated text)
Ley 20/2022, Democratic Memory Law – currently in effect until October 2025, provides nationality rights for children/grandchildren of Spaniards who went into exile or emigrated.
BOE – Ley 20/2022
Ministry of Justice – Nationality information page (Ministerio de Justicia).
Confirms descent rules, nationality transmission to children, and adoption.
Spanish Ministry of Foreign Affairs (Exteriores) – Consular services.
Guidance on registering births abroad and applying for nationality/passports for children of Spaniards.
Civil Code, Article 19 – confirms that legally adopted minors automatically acquire Spanish nationality if the adopting parent is Spanish.