{"id":400,"date":"2017-01-03T21:45:51","date_gmt":"2017-01-03T19:45:51","guid":{"rendered":"https:\/\/romuloparraabogado.jcdigital.es\/?p=400"},"modified":"2021-06-25T17:47:23","modified_gmt":"2021-06-25T15:47:23","slug":"cuando-es-espanol-un-hijo-de-extranjeros-nacido-en-espana","status":"publish","type":"post","link":"https:\/\/romuloparraabogado.com\/en\/cuando-es-espanol-un-hijo-de-extranjeros-nacido-en-espana","title":{"rendered":"When is spanish a son of foreigners born in Spain?"},"content":{"rendered":"\"Facebook\"<\/a>\"twitter\"<\/a>\"linkedin\"<\/a>\"mail\"<\/a>

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We comment on examples of cases in which a child of foreign parents possesses Spanish nationality, depending on what is established by the legislation of the parents.<\/h2>\n

As we mentioned in a previous article, although in principle only Spaniards of origin are children of Spaniards, there are some exceptions, in which a child of foreigners born in Spain can also be Spanish of origin.<\/p>\n

We speak of one of the cases foreseen in the article in 17.c of the Civil Code, specifically when the legislation of any of the foreign parents attributes a nationality to the child. Therefore, we must review each specific case, as we indicate below.<\/p>\n

Son of Argentine parents born in Spain<\/h3>\n

-If both parents are Argentine, the child will have Spanish nationality. In effect, Argentina’s legislation does not automatically grant Argentine nationality to the children of its citizens who are born abroad, but also the child would have to comply with other requirements, in accordance with Law 346, through the so-called procedure of option.<\/p>\n

-If only one parent is Argentine, it will depend on whether the legislation of the other parent attributes a nationality to the minor or not: Thus, it will be Spanish if the other father or mother is Brazilian, Colombian, Costa Rican, Cuban, Paraguayan, Peruvian, Uruguayan, or Venezuelan.<\/p>\n

It will not be Spanish if the other parent is Bolivian, Chilean, Dominican, Ecuadorian (in this case only if the child was born after 20.10.2008), Nicaraguan or Salvadoran. In all these cases, he would have, in principle, the nationality of the non-Argentine father.<\/p>\n

Son of Bolivian parents born in Spain<\/h3>\n

As of the entry into force of the reform of the Bolivian Constitution (07.02.2009), and specifically by the new wording of its article 141, it is enough for the mother or father of the child born abroad to be Bolivian so that the latter automatically have the Bolivian nationality. Therefore, the child born in Spain whose parents are both Bolivians, or only one of them Bolivian, does not have Spanish nationality, unless he was born before 07.02.2009.<\/p>\n

Son of Brazilian parents born in Spain<\/h3>\n

-If both parents are Brazilian, the child will have Spanish nationality. In effect, Brazilian legislation does not automatically grant Brazilian citizenship to the children of its citizens who are born abroad.<\/p>\n

-If only one parent is Brazilian, it will depend on whether the legislation of the other parent attributes a nationality to the minor or not: Thus, it will be Spanish if the other father or mother is Argentine, Colombian, Costa Rican, Cuban, Paraguayan, Peruvian, Uruguayan or Venezuelan.<\/p>\n

It will not be Spanish if the other parent is Bolivian, Chilean, Dominican, Ecuadorian (in this case only if the child was born after 20.10.2008), Nicaraguan or Salvadoran. In all these cases, he would have, in principle, the nationality of the non-Brazilian father.<\/p>\n

Son of Chilean parents born in Spain<\/h3>\n

Since the reform of the Chilean Constitution, through Law n\u00ba 20.050, D.O. of August 26, 2005, which modified, among others, Article 10 of that, specifically referring to nationality, it is enough for the mother or father of the child born abroad to be Chilean so that he or she automatically has Chilean nationality.
\nTherefore, the child born in Spain whose parents are both Chilean, or only one of them Chilean, does not have Spanish nationality, unless it was born before 26.08.2005.<\/p>\n

Son of Colombian parents born in Spain<\/h3>\n

-If both parents are Colombian, the child will have Spanish nationality. In effect, the Colombian legislation does not automatically grant Colombian citizenship to the children of its citizens who are born abroad.<\/p>\n

-If only one parent is Colombian, it will depend on whether the legislation of the other parent attributes a nationality to the minor or not:
\n-So, it will be Spanish if the other father or mother is Argentine, Brazilian, Costa Rican, Cuban, Paraguayan, Peruvian, Uruguayan or Venezuelan.
\n-It will not be Spanish if the other parent is Bolivian, Chilean, Dominican, Ecuadorian (in this case only if the child was born after 20.10.2008), Nicaraguan or Salvadoran. In all these cases he would have, in principle, the nationality of the non-Colombian father.<\/p>\n

Son of Cuban parents born in Spain<\/h3>\n

-If both parents are Cuban, the boy or girl will have Spanish nationality. In effect, the legislation of Cuba does not automatically grant Cuban citizenship to the children of its citizens who are born abroad.<\/p>\n

-If only one parent is Cuban, it will depend on whether the legislation of the other parent attributes a nationality to the minor or not: Thus, it will be Spanish if the other father or mother is Argentine, Brazilian, Costa Rican,\u00a0Colombian, Paraguayan, Peruvian, Uruguayan or Venezuelan. It will not be Spanish if the other parent is Bolivian, Chilean, Dominican, Ecuadorian (in this case only if the child was born after 20.10.2008), Nicaraguan or Salvadoran.<\/p>\n

In all these cases he would have, in principle, the nationality of the non-Colombian father.<\/p>\n

Son of Dominican parents born in Spain<\/h3>\n

In this case, it is enough for the mother or father of the child born abroad to be Dominican so that he or she automatically has Dominican nationality.<\/p>\n

Therefore, the child born in Spain whose parents are both Dominicans, or only one of them Dominican (regardless of the nationality of the other parent), does not have the Spanish nationality.<\/p>\n

Son of Ecuadorian parents born in Spain<\/h3>\n

After the amendment to the Constitution Ecuadorian, of October 20, 2008, it is enough for the mother or father of the child born abroad to be Ecuadorian so that he or she automatically has the Ecuadorian nationality.<\/p>\n

Therefore, the child born in Spain whose parents are both Ecuadorians, or only one Ecuadorian, does not have Spanish nationality, unless born before 20.10.2008.<\/p>\n

Paraguayan born child born in Spain<\/h3>\n

-If both parents are Paraguayan , the child will have Spanish nationality.<\/p>\n

In effect, Paraguayan legislation does not automatically grant Paraguayan citizenship to the children of its citizens who are born abroad, but the child would also have to comply with another requirement, that of permanently filing in Paraguay, in accordance with which requires article 146, numeral 3, of the Constitution in force since 1992.-If a single parent is Paraguayan, it will depend on whether the legislation of the other parent attributes a nationality to the child or not: Thus, it will be Spanish if the other parent is Argentine, Brazilian, Colombian, Costa Rican, Cuban, Peruvian, Uruguayan or Venezuelan.<\/p>\n

It will not be Spanish if the other parent is Bolivian, Chilean, Dominican, Ecuadorian (in this case only if the child was born after 20.10.2008), Nicaraguan or Salvadoran.<\/p>\n

In all these cases, he would have, in principle, the nationality of the non-Paraguayan father.<\/p>\n

Son of Peruvian parents born in Spain<\/h3>\n

-If both parents are Peruvian, the boy or girl will have Spanish nationality. In effect, Peru’s legislation does not automatically grant Peruvian nationality to the children of its citizens who are born abroad, but also the child would have to comply with another requirement, such as the subsequent residence on Peruvian soil.<\/p>\n

-If only one parent is Peruvian, it will depend on whether the legislation of the other parent attributes a nationality to the child or not: Thus, it will be Spanish if the other parent is Argentine, Brazilian, Colombian, Costa Rican, Cuban, Paraguayan, Uruguayan or Venezuelan. the other parent is Bolivian, Chilean, Dominican, Ecuadorian (in this case only if the child was born after 20.10.2008), Nicaraguan or Salvadoran.<\/p>\n

In all these cases, he would have, in principle, the nationality of the non-Peruvian father.<\/p>\n

Son of Uruguayan parents born in Spain<\/h3>\n

-If both parents are Uruguayan, the boy or girl will have Spanish nationality. In effect, the legislation of Uruguay does not automatically grant Paraguayan nationality to the children of its citizens who are born abroad, but the child would also have to comply with another requirement, in accordance with what is required by article 74 of the Constitution in agreement with Law 16,021 of said country.<\/p>\n

-If a single parent is Uruguayan, it will depend on whether the legislation of the other parent attributes a nationality to the child or not: Thus, it will be Spanish if the other parent is Argentine, Brazilian, Colombian, Costa Rican, Cuban, Paraguayan, Peruvian or Venezuelan.<\/p>\n

It will not be Spanish if the other parent is Bolivian, Chilean, Dominican, Ecuadorian (in this case only if the child was born after 20.10.2008), Nicaraguan or Salvadoran. In all these cases, he would have, in principle, the nationality of the non-Uruguayan father.<\/p>\n

Son of Venezuelan parents born in Spain<\/h3>\n

-If both parents are Venezuelan, in accordance with article 32.2 of the Constitution in force since 20.12.1999, the child born in the foreigner is also.<\/p>\n

-If a single parent is Venezuelan, according to articles 32.3 and 32.4 of the aforementioned Constitution, it will depend on whether the legislation of the other parent attributes a nationality to the minor or not: Thus, it will be Spanish if the other father or mother is Argentine, Brazilian, Colombian, Costa Rican, Cuban, Paraguayan, Peruvian or Uruguayan.<\/p>\n

It will not be Spanish if the other parent is Bolivian, Chilean, Dominican, Ecuadorian (in this case only if the child was born after 20.10.2008) , Nicaraguan or Salvadoran. In all these cases he would have, in principle, the nationality of the non-Venezuelan father.<\/p>\n

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We comment on examples of cases in which a child of foreign parents possesses Spanish nationality, depending on what is established by the legislation of the parents. As we mentioned in a previous article, although in principle only Spaniards of …<\/p>\n

When is spanish a son of foreigners born in Spain?<\/span> Read More »<\/a><\/p>\n","protected":false},"author":1,"featured_media":405,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[85,86,12],"class_list":["post-400","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-nacionalidad","tag-extranjero-nacido-en-espana","tag-hijo-de-extranjero","tag-nacionalidad-espanola"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t