Nationality by presumption

Article 17, c) of the Civil Code establishes that those born in Spain to foreign parents are Spaniards by origin, if both lack nationality (stateless), or if the legislation of neither of them attributes a nationality to the child. 

 

In this case, a file can be made in the Civil Registry of your domicile to declare “Spanish nationality with the value of simple presumption.” 

 

To start this file, it will be necessary for the parents or legal representatives of the children born in Spain to appear, whose parents are of the following nationalities: 

 

Argentina, Bolivia, Brazil, Cape Verde, Colombia, Costa Rica, Cuba, Guinea Bissau, Panama, Paraguay, Peru, Portugal, Sao Tome and Principe and Uruguay.  

 

Both parents must be from these countries, whether they are both from the same country or combined. 

 

However, there are special cases: 

 

Ecuador: those born before October 20, 2008 have value (those born on the same day, October 20, 2008, no longer have it). 

 

Morocco: They only have value in the case of a Moroccan mother and a father from the previous countries. 

 

Palestine: in the case of Palestinians you have to consult, well, the law varies greatly depending on whether they are mixed marriages and the law of the country of the spouse who is not Palestinian, the country that welcomes them, the status they have, etc... 

 

Documentation required: