Spanish nationality for persons born in Spain

A child born in Spain to foreign parents is Spanish by origin if the law of neither parent attributes a nationality to the child. Following the 2025 Italian citizenship reform, this situation may concern certain children of Italian citizens born abroad. It calls for a case-by-case assessment, which the Firm carries out before initiating any procedure.

The rule

Pursuant to art. 17.1.c of the Código Civil, persons born in Spain to foreign parents are Spanish by origin if both parents are stateless or if the legislation of neither parent attributes a nationality to the child. Nationality is declared with presumptive effect through a procedure before the Registro Civil of the place of domicile.

When the child of Italians is in any event Italian

Since 28 March 2025 a person born abroad who holds another citizenship is Italian only in the cases provided for by art. 3-bis of Law 91/1992. The child is in any event an Italian citizen, and the Spanish route is therefore excluded, where:

• a parent or grandparent holds, or held at the time of death, Italian citizenship exclusively (for example because born and raised in Italy);
• a parent resided in Italy for at least two continuous years after acquiring citizenship and before the child's birth.

The case of parents with dual citizenship

The question arises in particular for the children of Italian parents born abroad who also hold another citizenship (for example Italian-Argentine), where there is no ascendant holding Italian citizenship only. Both Italian law and the law of the parents' other citizenship must be examined: the Spanish route presupposes that neither of them automatically attributes a nationality to the child.

Effects

Nationality declared in this way is nationality by origin. It is a presumption which may be challenged if it emerges that a foreign law attributed a nationality to the child; after ten years of possession and use in good faith it becomes consolidated.

Services provided by the Firm and costs

The Firm analyses the position of the parents, identifies the available route, requests the necessary consular certifications and submits the application to the Registro Civil. A detailed, no-obligation quote is issued following the assessment.

Immigration procedures in Spain

Sources: Código Civil, arts. 17.1.c and 18 · Ley 20/2011 del Registro Civil, arts. 92 and 93 · Law 91/1992, arts. 3-bis and 4, para. 1-bis · Ministerio de Justicia, españoles de origen. Information only, updated September 2026; it does not constitute legal advice on any individual case.