Having a baby in Spain: documents, registration and residence permit

Having a baby in Spain: how the birth is registered

The birth is registered by the Registro Civil for the place of the clinic where the child was born [2]. The procedure is as follows [1]:

You must prove your identity to the clinic staff, who check and record the details on the form [1]. If the ten days are missed, the inscripción requires a decision in an expediente registral [1]. The Registro Civil always records maternity, and paternity when the parents are married and the presumptions match, or with the consent of the non-gestating parent. If the mother is married to someone else, the record is first made for the mother only and an expediente is opened [1]. For unmarried foreign couples, it is important to confirm paternity on the form straight away.

What documents the parents need

The official Ministerio de Justicia page for clinics lists the following set: the birth parte (yellow form), the parents’ identity documents, proof of marriage if there is one, documents on the first child or the libro de familia, and the form with the declaration of birth signed by one or both parents [2]. For foreigners, we advise having your passports with you, as well as the original and a sworn translation of your marriage certificate if it was issued abroad. This is our recommendation; the page does not give an official list for foreign parents. The procedure for documents from Russia and the CIS: apostille on Russian documents, sworn translation.

Right after the birth, register the child on the padrón at your place of residence: empadronamiento in Barcelona. Check the procedure for minors with the Ajuntament.

The child's first name and surname

In Spain, surnames are determined by filiación: if it is established on both sides, the parents agree before the inscripción whose first apellido comes first [1]. If they disagree or have not stated an order, the encargado asks them to give the order within three days and then decides in the child’s interests. The order chosen for the first child applies to subsequent children with the same parents [1].

For foreign parents this creates a problem: the name and surname on the Spanish certificate and in the passport of the country of nationality may not match because of transliteration, patronymics and feminine forms of surnames. We did not find rules for this case in the sources, so discuss the spelling before signing the form, not after the inscripción.

The child's nationality: when a child is born Spanish

Being born in Spain does not in itself give Spanish nationality. Under article 17 of the Código Civil, the following are Spanish by origin [3]:

In the last case, the child acquires the parents’ nationality under their law, and Spanish nationality can be obtained later on other grounds. For those born in Spain, one year of lawful, continuous residence immediately before the application is enough (article 22.2.a), but an applicant over 14 must swear an oath and renounce their previous nationality (article 23), except for certain countries [3]. How to count the periods is explained in the article how many years you need to live in Spain for citizenship. We do not promise nationality and do not assess cases: check the grounds with a lawyer.

Residence permit for a child born in Spain to foreign parents

A child of foreign parents who hold a residence permit under the Reglamento receives a five-year residence permit without a visa under article 159 [4]. This is not nationality but a separate procedure:

• a parent applies in person within six months of the birth or from the moment the parent obtained residence, if that is later. The Tribunal Supremo kept this condition [5];
• the child must be in Spain. Previously, after any trip abroad the Reglamento sent the case to a different section. In its 2026 ruling, the Tribunal Supremo struck down the condition that the child had not left Spain since birth and the word “solteras” (the requirement that the child is not married), and clarified that what matters is actual habitual residence, and temporary justified absences do not change it in themselves [5];
• documents: complete passports of the child and the parent, the Spanish birth certificate and, for a child of school age, proof of schooling [4];
• decision within one month, silence counts as refusal, the TIE is applied for in person within a month of approval, and the right to work starts from the minimum working age [4];
• if the documents are incomplete, the authority gives ten days to correct them, otherwise the case is closed as a withdrawal of the application (article 159.4) [4];
• the five years are counted from the date of the decision, not from the child’s date of birth [4];
• if the six months have been missed, the outcome depends on the circumstances and the authority’s decision: show the case to a lawyer before applying.

If a parent applies for arraigo, the permit for the child under article 159 or 160 can be applied for at the same time (article 130.7) [4]. More: residence permit for a child in Spain. If the parents have no permit, article 159 does not apply, and the options depend on the case.

The first weeks: what to do and in what order

1. Sign the form at the clinic and check the spelling of the name and the order of surnames before it is sent to the Registro Civil [1].
2. Get the certificación literal and keep electronic copies. For use abroad, check the rules of the destination country: an apostille and translation are required under that country’s laws.
3. Register the child on the padrón.
4. Put the six months for article 159 in your calendar and get the child’s passport ready: it is needed for the application [4].
5. Register the birth at your country’s consulate under its rules and get a travel document for the child.
6. If a parent has applied for arraigo or is going through another procedure, ask how this affects the application for the child [4].

Common mistakes

• Assuming the child is Spanish. Being born in Spain without the conditions of article 17 does not give nationality [3].
• Missing the six months. The Tribunal Supremo kept the time limit for article 159, and exceptions are assessed by the authority [5].
• Not checking the surname. Correcting the record after the inscripción is harder.
• Not confirming paternity. For unmarried parents this must be done on the form [1].
• Not getting the child’s passport in advance. An application under article 159 needs complete copies of the child’s and the parent’s passports, so it is better to get the child’s passport before applying [4].
• Not accounting for trips abroad. Keep evidence of your trips, as the 2026 ruling advises [5].
• Ordering documents without a plan. First find out for what purpose and for which country a copy is needed.

When you need an individual review and how we help

An individual review is needed if the parents are not married, one of them lives abroad, the child has two nationalities, a parent has no permit or holds a DNV, student or other status, there are custody arrangements and court decisions, or deadlines have already been missed. The ReloVictory team helps you work out which procedure to choose, prepare the documents and timeline, and file the application together with a lawyer. We are not responsible for how long the authorities take to reply. Booking: consultation, section family. The overall scheme for families is shown in the family route card, and the procedure after moving is described in the section residence permit in Barcelona.

Frequently asked questions

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.