Baby Born in Spain to Foreign Parents: Residency Is Not Automatic Citizenship

EX-25, the 2025 rules, birth registration and the six-month application window.

Being born in Spain is not always Spanish nationality

Spain does not generally award nationality to every child solely because of local birth. Exceptions and safeguards exist, including certain situations preventing statelessness, but the usual child of foreign parents must first establish nationality under the applicable rules. Separately, the immigration regulation provides a residence route for a foreign minor born in Spain to qualifying foreign residents.

What changed in the 2025 regulation

The current official Hoja 41 describes a residence authorization under article 159 of Royal Decree 1155/2024. The application uses form EX-25; when eligible, the permit generally lasts five years from the decision. The general rule calls for the parent to apply within six months of birth, or from the parent obtaining residence if later, subject to specified conditions. The Ministry has issued instructions regarding late applications, so do not assume a missed deadline is hopeless or irrelevant.

Documents and school-life implications

The child’s Spanish birth certificate, current passport or travel document, parent’s residence permit, application form and fee information usually form the core packet. A legal guardian applies on the child’s behalf. The residence card and nationality are different things, and neither should be confused with registration in school or the padrón. Start the child’s paperwork early, before travel or a passport-expiry emergency.

Nationality later

Children born in Spanish territory can in some cases qualify to apply for nationality by residence after one year of qualifying legal residence, but residence does not automatically trigger nationality. Births involving parents with different nationalities or countries that do not transmit nationality in particular cases may need a specialized civil-registry inquiry.

What to do next, in order

1. 01

   Obtain the Spanish civil birth certificate.

2. 02

   Check parent residence status and the child’s nationality.

3. 03

   Review EX-25 / Hoja 41 and six-month rule.

4. 04

   File with the competent extranjería office or electronic channel.

5. 05

   After approval, arrange TIE and preserve resolution.

• Ministry: residence of foreign child born in Spain ↗
• Ministry: late applications criteria ↗
• Nationality by residence and one-year cases ↗

Information current to November 12, 2026. Government procedures can change, and individual cases vary. This guide is general education, not personalized legal advice.