If our baby is born in Spain does it become Spanish?

Question

My partner works in Spain and will give birth to our child in Spain. Does anyone know if we can still register the child as English?. Also I (the father) still work in England and obviously pay my taxes, can we claim family allowance, even though the baby will be brought up in Spain?

Answer 1

Spain doesn't have a double nationality treat with United Kingdom.
If both parents are British there's no doubt about the nationality of the baby.
If one is Spanish then they will have to decide which nationality they want for his/her baby.

According to the British Embassy in Madrid:

All registrations of births and deaths of British Citizens and British Overseas Territories citizens occurring in Spain (including the Balearic and Canary Islands) and the Principality of Andorra are made at the British-Consulate General in Madrid. Applications may also be submitted via other Consulates in Spain



BIRTH REGISTRATIONS

Complete the "Form of application for the registration of a birth" and send it to the British Consulate-General with the appropriate fees and the following documents, which must be originals:

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The Child's Full Spanish birth certificate, showing names of both parents

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The British parent's full British birth certificate (this is the one which gives details of their parents).

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The Spanish/other parent's birth certificate.

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The parents' full marriage certificate (not the Libro de Familia), and photocopies of their Passport.

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If the child was not born in the UK but the parent was in Crown Service, the British parent's full British birth certificate (this is the one which gives details of their parents) and a letter of confirmation of Crown Service from the Government Department in the UK.

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If either parent was previously divorced, the divorce decree.


BIRTH REGISTRATIONS WHERE THE PARENTS OF THE CHILD ARE NOT MARRIED

A child born after 01.01.1983, is entitled to British Citizenship if the mother was born in the United Kingdom and the child's birth can be registered.

There is no provision at the British Consulate-General for the registration of births of children where only the father is British and the parents are not married. However, since March 2000, British-born fathers may register their children who are born abroad via the Home Office. These applications should be submitted at your nearest British Consulate for transmission to the Home Office. For details please contact us ask about Home Office Registrations, or registrations via the Nationality and Passport section in the UK, or see www.ind.homeoffice.gov.uk

Where the parents are not married, it will be necessary for both of them to make a Paternity Declaration if the father's details are to be shown on the birth certificate. The declarations have to be made at a Consular office. Please see the fee table for the amount payable for this service.

For further information, please telephone [phone] from 8.00 to 16.00 hrs (8.00 to 14.00 in the summer) and ask for information on Births & Deaths registration.

Answer 2

The only way a baby born in Spain becomes a Spanish citizen is if one of his parents is a Spaniard.

I was born in Spain myself, my mother was a Spaniard and my father was American. I became an American within two days of being born, but I could have been a Spaniard if I wanted to be.

What you need to do is to register your child's birth at the consulate or embassy of any country you or your partner is from, and the child will acquire that citizenship.

Answer 3

Unlike USA laws having a baby born in a country does not make the child an automatic citizen of that country. It would usually depend on the citizenship status of the parents. You would need to check with Spain's laws.

Answer 4

a baby is registered wherever it is born so if its born in spain it will be registered in spain and as a spanish citizen. i don't thing you can claim family allowance or any related help for having a child eg tax credits without actually living with the child so if the child lives in spain you more than likely won't qualify.

check out : http://www.hmrc.gov.uk/childbenefit/eligible.htm#canigetit

Answer 5

Hello. I don't know how it works in UK but I'm going to explain you my own case. I'm Spanish, but my children are born in Ireland. For the time being they held the two nacionalitys, and they have both Spanish and Irish passports. What I have done is go to the Spanish embassy and register my children there. Maybe you could do something similar. Anyway I don't think that being both parents English could be any problem to get English nacionality. About the allowance, I don't really know. By the way congratulations, future daddy!

Answer 6

Actually in most countries if a child is born to expatriate parents then the child has the right of citizenship in either country or both. I know several people that hold dual-citizenships by right of their birth. The problem with dual-citizenships is that you have to obey the laws in both countries including paying taxes in both countries. I have no idea about the family allowance situation in the UK.

Answer 7

this depends, if you are both english then the child will be english, if only you are english then the child will have a double nationality. im english but was born in germany, people tend to think im german even though i have english parents and it can get quite annoying explaining this when asked. about the family allowance, you will have to check with the inland revenue about this as im sure there are exceptions.check out the website and simply click on the child benefit link and the tax credits link. hope this helps

Answer 8

I am British and my husband Mexican and our daughter was born in Spain. Spanish nationality is not automatic for children of foreign parents. His/her automatic nationality is British. If you want dual nationality for your child he/she can qualify for Spanish nationality after one year as long as he/she has a Spanish residency card. Legally you have to register the birth of your child with the Spanish civil register and with this birth certificate you can apply for a British passport and register the birth in the UK through the British consulate. Contact them for more information.

Answer 9

Well you can register the child with the nearest British consuls or Embassy. The child can be registered as a Spanish Citizen. It can also have dual nationality

Answer 10

the baby will be declared spanish, he will be able to get all his legal papers if the parents are citicents of the united states. so yea like when applaying for jobs it will say it was born in spain and therefore being spanish. but there's no problem with that he/she will be 100% legal here. so dont worry everything about taxes and college stuff will be the same. if u have anymore questions please email me at [e-mail], and by the way good luck.