Spanish Nationality Law - Spanish Nationality By Origin

Spanish Nationality By Origin

Spanish legislation regarding nationality establishes two types of nationality: "Spanish nationality by origin" (nacionalidad española de origen, in Spanish)—that is, a "natural-born Spaniard"—and the "Spanish nationality not by origin" (nacionalidad española no de origen in Spanish).

According to article 17 of the Spanish Civil Code, Spaniards by origin are:

• those individuals born of a Spanish parent;
• those individuals born in Spain of foreign parents if at least one of the parents was also born in Spain, with the exception of children of foreign diplomatic or consular officers accredited in Spain;
• those individuals born in Spain of foreign parents if neither of them have a nationality, or if the legislation of either parent's home country does not grant the child any nationality;
• those individuals born in Spain of undetermined filiation; those individuals whose first known territory of residence is Spain, are considered born in Spain.

Foreigners under 18 years of age who are adopted by a Spanish national acquire, from the moment of adoption, Spanish nationality by origin. If the adoptee is 18 years or older, he or she can apply (lit. "opt") for Spanish nationality by origin within two years after the adoption took place.

All other individuals that acquire Spanish nationality, other than by which is specified above, are "Spaniards not by origin".