ES · Citizenship by descent

Spanish citizenship by descent

Reaches a parent. A grandparent only if you had already applied by 22 October 2025. Every answer on this page is what Postern’s rulebook returns, word for word, with the law it cites. The free check runs the same rules.

Last verified 25 September 202612 sourcesNot legal advice

Routes
Option for children of Spaniards born in Spain (Art. 20) · Democratic Memory Law (closed 22 Oct 2025)
Dual citizenship
Depends on the route and your home country
Cutoff
22 October 2025
Comes with
EU citizenship: the right to live and work in 27 countries

The stamps assume no one in the line became a citizen of another country before the next person in the line was born. What changes each answer is below.

On this page
  1. 01Who qualifies
  2. 02Dates that matter
  3. 03Mothers’ lines
  4. 04Keeping your citizenship
  5. 05The routes and the law
  6. 06The documents
  7. 07What it takes
  8. 08Where the records live
  9. 09Law changes
  10. 10Other doors
  11. 11Sources

01Who qualifies

Who qualifies, generation by generation

LIKELY

Can you claim Spanish citizenship through a parent?

Option (Art. 20(1)(b))

A child of a parent who was originally Spanish and born in Spain can opt for Spanish nationality at any age, but must declare that they renounce their other nationality and must actually use the Spanish one.

What would settle itHow you weigh the renunciation declaration against your home country's own rules, and whether you will use the Spanish passport: three years of using only the other nationality ends Spanish nationality acquired by option.

UNLIKELY

Can you claim Spanish citizenship through a grandparent?

Democratic Memory Law, closed

The route for grandchildren of Spaniards closed to new applications on 22 October 2025. Spain has no standing grandparent rule, and the residence route to naturalisation is two years only for nationals of Ibero-American countries and a few others.

What would settle itWhether anyone in the family lodged an application before 22 October 2025, or whether a living parent can opt first under Article 20, which would make you the child of a Spaniard.

What changes the answer

  • POSSIBLE
    If you had already applied by 22 October 2025Democratic Memory Law (application lodged in time)

    The window closed on 22 October 2025, but an application or appointment request lodged before then is still decided under the Democratic Memory Law, which gives grandchildren of exiled Spaniards nationality of origin without giving up their own.

UNLIKELY

Can you claim Spanish citizenship through a great-grandparent?

Democratic Memory Law, closed

The route for grandchildren of Spaniards closed to new applications on 22 October 2025. Spain has no standing grandparent rule, and the residence route to naturalisation is two years only for nationals of Ibero-American countries and a few others.

What would settle itWhether anyone in the family lodged an application before 22 October 2025, or whether a living parent can opt first under Article 20, which would make you the child of a Spaniard.

02Dates that matter

The dates that matter

  1. 1936
    18 July 1936

    Exile is presumed for Spaniards who left Spain between 18 July 1936 and 31 December 1955; a later departure, up to 28 December 1978, must be shown to be exile. DGSJFP Instruction of 25 October 2022 on the Eighth Additional Provision (BOE-A-2022-17470), section 3(d)

  2. 2025
    22 October 2025

    The Eighth Additional Provision opened nationality to children and grandchildren of exiles and of Spanish women who lost nationality by marriage, for applications lodged within its window, which ended on 22 October 2025. Democratic Memory Law (Law 20/2022), Eighth Additional Provision: nationality for children and grandchildren of exiles and of women who lost nationality by marriage

  3. 2025
    22 October 2025

    What closed on 22 October 2025 was the time to request an appointment or lodge the declaration; requests made in time are still processed, including appointments that could not be held before the deadline. DGSJFP Instruction of 5 November 2024 amending the Instruction of 25 October 2022 (BOE-A-2024-23338); Consulate General of Spain in Bahía Blanca, notice of 27 October 2025

What counts as having applied by 22 October 2025: An appointment request or declaration of option under the Democratic Memory Law lodged by 22 October 2025 (Law 20/2022, Eighth Additional Provision; DGSJFP Instruction of 5 November 2024).

03Mothers’ lines

How mothers’ lines were treated

Spain’s rule gives the same answer whether the line runs through a mother or a father. Where its reasons speak of mothers or fathers, they say:

04Keeping your citizenship

Dual citizenship with your home country

  • DEPENDS
    Option (Art. 20(1)(b))

    A citizen of Brazil or Argentina keeps it; a citizen of the United States, Canada, the United Kingdom, Australia, New Zealand or South Africa does not.

  • KEPT
    Democratic Memory Law (application lodged in time)

    You keep your other citizenship on this route.

05The routes

Every route, and the law behind it

Option (Art. 20(1)(b))

Open through a parent

  • LIKELY
    Through a parent

The law

What would settle an unsure case

  • How you weigh the renunciation declaration against your home country's own rules, and whether you will use the Spanish passport: three years of using only the other nationality ends Spanish nationality acquired by option.

Democratic Memory Law (application lodged in time)

Open through a grandparent

  • POSSIBLE
    Through a grandparent, if you had already applied by 22 October 2025

The law

What would settle an unsure case

  • When your grandparent left Spain: between July 1936 and 1955 the exile is presumed; otherwise it must be shown, unless the line runs through a Spanish woman who lost nationality by marriage before 1978.

Democratic Memory Law, closed

Closed: no open answer on this route

  • UNLIKELY
    Through a grandparent

    The route for grandchildren of Spaniards closed to new applications on 22 October 2025. Spain has no standing grandparent rule, and the residence route to naturalisation is two years only for nationals of Ibero-American countries and a few others.

The law

What would settle an unsure case

  • Whether anyone in the family lodged an application before 22 October 2025, or whether a living parent can opt first under Article 20, which would make you the child of a Spaniard.

06The documents

The documents, as the rule lists them

Option (Art. 20(1)(b))

Through a parent

  • Your parent's Spanish birth certificate (literal)
  • Your birth certificate, apostilled and translated
  • Your parents' marriage certificate
  • Photo ID

Democratic Memory Law (application lodged in time)

Through a grandparent, if you had already applied by 22 October 2025

  • Your appointment request or declaration receipt (with its CSV code), dated before 23 October 2025
  • Your grandparent's Spanish literal birth certificate
  • Your parent's birth certificate
  • Proof of your grandparent's exile or departure date

Most countries also want proof that no one in the line became a citizen elsewhere before the next birth: the naturalization record with its date, or a letter that none exists.

07What it takes

What it takes: time, cost, the hard part, who decides

Option (Art. 20(1)(b))

Time
6–12 months at the consulate.
Cost
About $300–600: certified copies, apostilles and sworn translations. The option itself is free.
The hard part
Your parent must have been born in Spain; the birth record (certificación literal) is the key document.
Who decides
The Spanish consulate for your address.
The first record
Your parent’s Spanish birth record (certificación literal de nacimiento), from The Registro Civil of their birthplace. Request online from the Ministry of Justice with the name, date and place; free, 2–6 weeks. sede.mjusticia.gob.es

How it’s filed

Where
The Registro Civil of the Spanish consulate general for your state: Boston (ME, MA, NH, RI, VT), New York (NY, CT, DE, PA, NJ), Washington consular section (MD, VA, WV, DC, NC), Miami (FL, SC, GA), Chicago (IL, IN, IA, KS, NE, ND, SD, OH, KY, MI, MN, MO, WI), Houston (NM, OK, TX, AL, AR, LA, MS, TN), Los Angeles (southern CA counties, AZ, CO, UT), San Francisco (AK, northern CA, HI, ID, MT, NV, OR, WA, WY) or San Juan (PR, USVI). office list
How
In person; you appear in person
Appointments
Email pre-review to the consulate's Registro Civil, then an appointment the consulate assigns (e.g. cog.nuevayork.rgc@maec.es; Miami cog.miami.reop@maec.es; Los Angeles cog.losangeles.rgc@maec.es). Send every document scanned as ONE PDF (Miami caps it at 3 MB) with the subject 'Nacionalidad española - Opción. [Name]'. The consulate checks the file and replies with a date; it cannot be booked by phone. An agent can prepare and send the email, but the date is the consulate's to give. Citaconsular.es (Cloudflare-protected) is used for passports, not for the option; it actively blocks bots with a captcha and IP-blocking and cancels bot-booked slots per multiple press reports (thelocal.es, 2025-12-29), though that describes the passport-step tool, not the Registro Civil email intake used for the option itself.
Fee
No fee
Decision
1–12 months
What goes in the file (10)
  1. Your birth certificate: certified long form issued by the state health department (not the hospital souvenir), original plus a photocopy
  2. Your valid passport, original plus a photocopy
  3. Proof you live in the consular district: driver's license or lease
  4. The Hoja declaratoria de datos, completed (and the consulate's nationality form where it has one)
  5. The Spanish parent's certificación literal de nacimiento, issued within the last 12 months
  6. The other parent's birth certificate (apostilled if issued outside Spain and the U.S.)
  7. Photocopies of both parents' passports (Spanish and foreign)
  8. The Spanish parent's naturalization certificate, if they naturalized in the U.S. or elsewhere
  9. Your parents' marriage certificate, or the Spanish Libro de Familia
  10. Your marriage certificate, if your documents show a married name
What goes wrong (12)
  • Free: 'Todos los trámites en el Registro Civil son gratuitos.'
  • Appearance in person is mandatory for anyone over 14. You sign the option declaration and swear or promise loyalty to the King and obedience to the Constitution.
  • Renunciation: nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal and France (and Sephardic applicants) are exempt. A U.S. citizen is not, and must declare renunciation of U.S. nationality before the Spanish registrar. In practice the declaration is not communicated to the U.S. (practitioner consensus, not an official statement), and U.S. law requires intent to relinquish before citizenship is lost; the member should still understand it before signing.
  • Option under Art. 20(1)(b) gives Spanish nationality that is not 'de origen'. Under Civil Code Art. 25, a Spaniard not of origin loses Spanish nationality by using exclusively, for three years, the nationality they declared to renounce: use the Spanish passport when entering Spain and the EU, and keep it current.
  • New York and Los Angeles quote about 6–8 weeks from appearance to the birth entry and certificates; getting the appointment itself can add weeks to months. Takes' 6–12 months end to end fits.
  • New York does not require an apostille on U.S.-issued documents (only on documents from third countries); Miami's list says 'legalizado/apostillado'. Apostille the U.S. birth certificate if the consulate's own list asks for it.
  • Originals are returned only when a photocopy is supplied.
  • From CA: file at the Spanish consulate in Toronto or Montreal, or the embassy in Ottawa, for your province; Canada is not a treaty country, so the renunciation declaration applies (unverified: per-post booking).
  • From GB: file at the Spanish consulate in London or Edinburgh; the renunciation declaration applies (unverified: per-post booking).
  • From BR and AR: both are Ibero-American treaty countries, so no renunciation is asked. Consulates there carried very large Democratic Memory Law caseloads; expect longer waits. Brazilian records need a sworn Spanish translation.
  • From AU, NZ, ZA: file at the Spanish embassy or consulate for your area; renunciation applies; non-English records need a sworn translation.
  • Consulate General San Juan (PR, Culebra, Vieques, USVI) is not in the posts list above: its existence and jurisdiction are confirmed, but no street address was found this pass.

Checked 25 September 2026 · source ↗

Estimates are honest ranges from official fee tables and what families report; where a fee or time could not be confirmed, it says so.

08Where the records live

Where each record lives, and how to ask for it

  • birth1950–2026

    The Registro Civil (Ministry of Justice) where the birth was entered: since the 2021 reform, the Oficina General del Registro Civil of the judicial district, or the Juzgado de Paz acting as municipal registry in small towns. Births after 1950 are issued through the Ministry of Justice electronic office.

    The birth is entered in the Registro Civil of the town of birth. The Ministry of Justice directory (BUSCADIR) finds the office for any municipality; the online request only needs the name, date and place of birth.

    Ask
    Online, in Spanish · request page ↗
    Fee
    0 EUR (about $0)
    Takes
    1–11 weeks
    Good to know (6)
    • Ask for the CERTIFICACIÓN LITERAL (full copy), not the extracto or plurilingüe: the consulates require the literal of the Spanish parent, issued within the last 12 months.
    • Free: Civil Registry certificates carry no fee, and the Ministry warns that sites charging for them are not official.
    • With Cl@ve (Spanish e-ID) the registered person can download post-1950 certificates instantly; without Cl@ve the request is still online but the certificate is posted to the address given, including abroad.
    • The sede refuses a repeat request for the same certificate within 15 days of the last one.
    • September 2026: the sede warns of a backlog of birth-certificate requests caused by a civil-servant strike; budget toward the top of the range.
    • A Spanish certificate presented at a Spanish consulate needs no apostille and no translation.

    Checked 25 September 2026 · source ↗

  • birth1871–1949

    The Registro Civil of the town of birth (the Oficina del Registro Civil of the judicial district, or the Juzgado de Paz in small towns). Civil registration began on 1 January 1871.

    Find the office for the town of birth in BUSCADIR. If the tomo and folio are known (from a Spanish family book, a DNI record or an old certificate), include them.

    Ask
    By post, in Spanish
    Fee
    0 EUR (about $0)
    Takes
    3–17 weeks
    Good to know (3)
    • The sede's instant issue covers births entered after 1950; earlier entries are not all digitised, so write to the office that holds the book (the online request without Cl@ve can also be tried; it is routed to that office).
    • Unverified: turnaround for small Juzgados de Paz varies widely; a follow-up call or email after 6 weeks is normal practice.
    • Rarely needed for the Art. 20 option, which requires a parent born in Spain; relevant only for a parent born before 1950.

    Checked 25 September 2026 · source ↗

  • birth1545–1870

    The parish (partida de bautismo), whose older books are usually held by the diocesan archive (archivo diocesano). Some towns also kept a municipal pre-civil register from 1841 to 1870.

    Identify the parish of the town, then the diocese; the Censo-Guía de Archivos (Ministry of Culture) lists diocesan and parish archives with contact details.

    Ask
    By email, in Spanish
    Takes
    1–6 months
    Good to know (2)
    • Almost never needed for an Art. 20 option: the parent must be born in Spain and is usually born long after 1871. Keep for genealogy or a pre-1871 parent in an old file.
    • Unverified fee: diocesan archives set their own charges for certified copies (often a small fee or donation); ask first.

    Checked 25 September 2026 · source ↗

  • marriage1871–2026

    The Registro Civil where the marriage was entered (for a marriage in Spain); a Spaniard's marriage abroad is entered in the Registro Civil Consular or the Registro Civil Central. A marriage celebrated in the member's home country comes from that country's vital records.

    Only needed when the parents married in Spain or the marriage was registered with Spain; otherwise use the home-country marriage certificate or the Spanish Libro de Familia.

    Ask
    Online, in Spanish · request page ↗
    Fee
    0 EUR (about $0)
    Takes
    1–11 weeks
    Good to know (1)
    • The consulates accept the parents' marriage certificate or the Spanish Libro de Familia.

    Checked 25 September 2026 · source ↗

  • emigration

    PARES (Portal de Archivos Españoles, Ministry of Culture): emigration and passenger records, including the Movimientos Migratorios Iberoamericanos database.

    Useful to date a parent's departure or to find the town of birth when family papers are thin; not a required document for the option.

    Ask
    Online, in Spanish · request page ↗
    Takes
    1–4 weeks
    Good to know (1)
    • The Movimientos Migratorios sub-site returned HTTP 503 on 2026-09-25 while the main PARES portal answered; retry later.

    Checked 25 September 2026 · source ↗

Translations

Into
Spanish
Who may translate
No translation needed
About
$0–$70 a page

U.S. consulates (New York, Los Angeles) state that documents in English or Spanish need no translation. Documents in any other language (a Brazilian or South African record, say) need a Spanish translation; for use in Spain the rule is a traductor/intérprete jurado appointed by the Ministry of Foreign Affairs (official searchable list), whose translation needs no further legalization. The $70 top of the range is for sworn pages; unverified market rate.

Checked 25 September 2026 · source ↗

The passport

Where
The same Spanish consulate, after the birth is entered in the Registro Civil Consular and you are enrolled in the Registro de Matrícula Consular (alta de residente). Book on citaconsular.es; pay $35 by USPS money order at the appointment (New York).
Fee
About $35
Time
3–9 weeks

Checked 25 September 2026 · source ↗

09Law changes

Recent and pending changes

The legislative watch has no pending bill or recent ruling recorded for Spain.

Already in the rule

The watch re-reads the official pages behind this guide every day. When one changes, a person re-checks the rule before anything here moves.

10Other doors

If descent doesn’t reach you

4 residence programs lead to Spain without an ancestor, each with its own law and road to citizenship.

11Sources

Every source on this page

4 laws and official pages behind the answers, then the offices and pages behind the records and filing. Records and filing checked 25 September 2026.

  1. LawSpanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain · Art. 23(b); Art. 25(1)(a); Art. 24
  2. LawDemocratic Memory Law (Law 20/2022), Eighth Additional Provision: nationality for children and grandchildren of exiles and of women who lost nationality by marriage · Eighth Additional Provision, para. 1
  3. LawDGSJFP Instruction of 5 November 2024 amending the Instruction of 25 October 2022 (BOE-A-2024-23338); Consulate General of Spain in Bahía Blanca, notice of 27 October 2025
  4. LawDGSJFP Instruction of 25 October 2022 on the Eighth Additional Provision (BOE-A-2022-17470), section 3(d)
  5. RecordsThe Registro Civil of their birthplace: Your parent’s Spanish birth record (certificación literal de nacimiento) · checked 25 September 2026
  6. RecordsHow to file: Option (Art. 20(1)(b)) · checked 25 September 2026
  7. RecordsHoja declaratoria de datos para la inscripción de nacimiento (mayor de edad); some consulates (Miami) also use a Formulario de Nacionalidad · checked 25 September 2026
  8. RecordsMinistry of Justice office directory (BUSCADIR, Registro Civil) · checked 25 September 2026
  9. RecordsBirth records, 1545–1870: The parish · checked 25 September 2026
  10. RecordsMarriage records, 1871–2026: The Registro Civil where the marriage was entered · checked 25 September 2026
  11. RecordsEmigration records: PARES · checked 25 September 2026
  12. RecordsThe passport: where, the fee and the wait · checked 25 September 2026

Not legal advice. Postern’s rulebook is written from the statutes and tested against documented cases; where the law is unsettled, the answer says “possible” or “unsure” rather than guess.

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