Spanish citizenship by descent: who qualifies, the law, and what it takes

Q: Can you claim Spanish citizenship through a parent?

Likely. A child of a parent who was originally Spanish and born in Spain can opt for Spanish nationality at any age, but must declare that they renounce their other nationality and must actually use the Spanish one.

Q: Can you claim Spanish citizenship through a grandparent?

Unlikely. The option for grandchildren of Spaniards closed to new applications on 22 October 2025. Spain has no standing grandparent rule, and the residence way to naturalisation is two years only for nationals of Ibero-American countries and a few others. If you had already applied by 22 October 2025: possible.

Q: Can you claim Spanish citizenship through a great-grandparent?

Unlikely. The option for grandchildren of Spaniards closed to new applications on 22 October 2025. Spain has no standing grandparent rule, and the residence way to naturalisation is two years only for nationals of Ibero-American countries and a few others.

Through a parentLIKELYOption (Art. 20(1)(b))Through a grandparentUNLIKELYDemocratic Memory Law, closedPossible if you had already applied by 22 October 2025 Through a great-grandparentUNLIKELYDemocratic Memory Law, closed

Ways to apply: Option for children of Spaniards born in Spain (Art. 20) · Democratic Memory Law (closed 22 Oct 2025)
Dual citizenship: Depends on how you apply and where you’re from
Cutoff: 22 October 2025
Comes with: EU citizenship: the right to live and work in 27 countries

Each answer assumes none of your ancestors became a citizen of another country before their child was born. Below is what changes each answer.

On this page

01Who qualifies
02Dates that matter
03Through your mother
04Keeping your citizenship
05Ways to apply
06The documents
07What it takes
08Where the records live
09Law changes
10Other options
11Sources

Who qualifies, generation by generation

LIKELY

Can you claim Spanish citizenship through a parent?

Option (Art. 20(1)(b))

A child of a parent who was originally Spanish and born in Spain can opt for Spanish nationality at any age, but must declare that they renounce their other nationality and must actually use the Spanish one.

What would settle itHow you weigh the renunciation declaration against your home country’s own rules, and whether you will use the Spanish passport: three years of using only the other nationality ends Spanish nationality acquired by option.

Persons whose father or mother was originally Spanish and born in Spain have the right to opt for Spanish nationality, without time limit. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain
Outside Spain’s dual-nationality treaty countries, acquiring Spanish nationality by option requires declaring before the registrar that you renounce your prior nationality; Spain does not notify the other country, but you should check whether your home country’s own law treats the declaration as a loss of citizenship. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain, Art. 23(b)
Nationality by option is not nationality of origin: a Spaniard not of origin who, for three years, uses only the nationality they declared they renounced (for example, travelling only on a US passport) loses Spanish nationality. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain, Art. 25(1)(a)

UNLIKELY

Can you claim Spanish citizenship through a grandparent?

Democratic Memory Law, closed

The option for grandchildren of Spaniards closed to new applications on 22 October 2025. Spain has no standing grandparent rule, and the residence way to naturalisation is two years only for nationals of Ibero-American countries and a few others.

What would settle itWhether anyone in the family lodged an application before 22 October 2025, or whether a living parent can opt first under Article 20, which would make you the child of a Spaniard.

The Eighth Additional Provision opened nationality to children and grandchildren of exiles and of Spanish women who lost nationality by marriage, for applications lodged within its window, which ended on 22 October 2025. Democratic Memory Law (Law 20/2022), Eighth Additional Provision: nationality for children and grandchildren of exiles and of women who lost nationality by marriage
Outside that window, nationality by option reaches only children of a parent who was originally Spanish and born in Spain. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain

What changes the answer

POSSIBLE
If you had already applied by 22 October 2025Democratic Memory Law (application lodged in time)
The window closed on 22 October 2025, but an application or appointment request lodged before then is still decided under the Democratic Memory Law, which gives grandchildren of exiled Spaniards nationality of origin without giving up their own.

UNLIKELY

Can you claim Spanish citizenship through a great-grandparent?

Democratic Memory Law, closed

The Eighth Additional Provision opened nationality to children and grandchildren of exiles and of Spanish women who lost nationality by marriage, for applications lodged within its window, which ended on 22 October 2025. Democratic Memory Law (Law 20/2022), Eighth Additional Provision: nationality for children and grandchildren of exiles and of women who lost nationality by marriage
Outside that window, nationality by option reaches only children of a parent who was originally Spanish and born in Spain. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain

The dates that matter

1936
18 July 1936
Exile is presumed for Spaniards who left Spain between 18 July 1936 and 31 December 1955; a later departure, up to 28 December 1978, must be shown to be exile. DGSJFP Instruction of 25 October 2022 on the Eighth Additional Provision (BOE-A-2022-17470), section 3(d)
2025
22 October 2025
The Eighth Additional Provision opened nationality to children and grandchildren of exiles and of Spanish women who lost nationality by marriage, for applications lodged within its window, which ended on 22 October 2025. Democratic Memory Law (Law 20/2022), Eighth Additional Provision: nationality for children and grandchildren of exiles and of women who lost nationality by marriage
2025
22 October 2025
What closed on 22 October 2025 was the time to request an appointment or lodge the declaration; requests made in time are still processed, including appointments that could not be held before the deadline. DGSJFP Instruction of 5 November 2024 amending the Instruction of 25 October 2022 (BOE-A-2024-23338); Consulate General of Spain in Bahía Blanca, notice of 27 October 2025

What counts as having applied by 22 October 2025: An appointment request or declaration of option under the Democratic Memory Law lodged by 22 October 2025 (Law 20/2022, Eighth Additional Provision; DGSJFP Instruction of 5 November 2024).

Claiming through your mother or grandmother

Spain’s rule gives the same answer whether the line runs through a mother or a father. Where its reasons speak of mothers or fathers, they say:

Persons whose father or mother was originally Spanish and born in Spain have the right to opt for Spanish nationality, without time limit. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain
The Eighth Additional Provision opened nationality to children and grandchildren of exiles and of Spanish women who lost nationality by marriage, for applications lodged within its window, which ended on 22 October 2025. Democratic Memory Law (Law 20/2022), Eighth Additional Provision: nationality for children and grandchildren of exiles and of women who lost nationality by marriage
The option was open to children and grandchildren born abroad of an originally Spanish father, mother, grandfather or grandmother who lost or renounced Spanish nationality through exile, and to children of Spanish women who lost it by marrying a foreigner before the 1978 Constitution. Democratic Memory Law (Law 20/2022), Eighth Additional Provision: nationality for children and grandchildren of exiles and of women who lost nationality by marriage, Eighth Additional Provision, para. 1

Dual citizenship with your home country

DEPENDS
Option (Art. 20(1)(b))
A citizen of Brazil or Argentina keeps it; a citizen of the United States, Canada, the United Kingdom, Australia, New Zealand or South Africa does not.
KEPT
Democratic Memory Law (application lodged in time)
You keep your other citizenship.

Spaniards who acquire another nationality keep Spanish nationality by declaring the wish to retain it within three years. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain, Art. 24
Outside Spain’s dual-nationality treaty countries, acquiring Spanish nationality by option requires declaring before the registrar that you renounce your prior nationality; Spain does not notify the other country, but you should check whether your home country’s own law treats the declaration as a loss of citizenship. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain, Art. 23(b)
Nationality by option is not nationality of origin: a Spaniard not of origin who, for three years, uses only the nationality they declared they renounced (for example, travelling only on a US passport) loses Spanish nationality. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain, Art. 25(1)(a)
The option was open to children and grandchildren born abroad of an originally Spanish father, mother, grandfather or grandmother who lost or renounced Spanish nationality through exile, and to children of Spanish women who lost it by marrying a foreigner before the 1978 Constitution. Democratic Memory Law (Law 20/2022), Eighth Additional Provision: nationality for children and grandchildren of exiles and of women who lost nationality by marriage, Eighth Additional Provision, para. 1

Every way to apply, and the law behind it

Option (Art. 20(1)(b))

Open to you through a parent

LIKELY
Through a parent

The law

Persons whose father or mother was originally Spanish and born in Spain have the right to opt for Spanish nationality, without time limit. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain
Outside Spain’s dual-nationality treaty countries, acquiring Spanish nationality by option requires declaring before the registrar that you renounce your prior nationality; Spain does not notify the other country, but you should check whether your home country’s own law treats the declaration as a loss of citizenship. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain, Art. 23(b)
Nationality by option is not nationality of origin: a Spaniard not of origin who, for three years, uses only the nationality they declared they renounced (for example, travelling only on a US passport) loses Spanish nationality. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain, Art. 25(1)(a)

What would settle an unsure case

How you weigh the renunciation declaration against your home country’s own rules, and whether you will use the Spanish passport: three years of using only the other nationality ends Spanish nationality acquired by option.

Democratic Memory Law (application lodged in time)

Open to you through a grandparent

POSSIBLE
Through a grandparent, if you had already applied by 22 October 2025

The law

The option was open to children and grandchildren born abroad of an originally Spanish father, mother, grandfather or grandmother who lost or renounced Spanish nationality through exile, and to children of Spanish women who lost it by marrying a foreigner before the 1978 Constitution. Democratic Memory Law (Law 20/2022), Eighth Additional Provision: nationality for children and grandchildren of exiles and of women who lost nationality by marriage, Eighth Additional Provision, para. 1
What closed on 22 October 2025 was the time to request an appointment or lodge the declaration; requests made in time are still processed, including appointments that could not be held before the deadline. DGSJFP Instruction of 5 November 2024 amending the Instruction of 25 October 2022 (BOE-A-2024-23338); Consulate General of Spain in Bahía Blanca, notice of 27 October 2025
Exile is presumed for Spaniards who left Spain between 18 July 1936 and 31 December 1955; a later departure, up to 28 December 1978, must be shown to be exile. DGSJFP Instruction of 25 October 2022 on the Eighth Additional Provision (BOE-A-2022-17470), section 3(d)

What would settle an unsure case

When your grandparent left Spain: between July 1936 and 1955 the exile is presumed; otherwise it must be shown, unless the family descends through a Spanish woman who lost nationality by marriage before 1978.

Democratic Memory Law, closed

Closed: no one qualifies this way today

UNLIKELY
Through a grandparent
The option for grandchildren of Spaniards closed to new applications on 22 October 2025. Spain has no standing grandparent rule, and the residence way to naturalisation is two years only for nationals of Ibero-American countries and a few others.

The law

The Eighth Additional Provision opened nationality to children and grandchildren of exiles and of Spanish women who lost nationality by marriage, for applications lodged within its window, which ended on 22 October 2025. Democratic Memory Law (Law 20/2022), Eighth Additional Provision: nationality for children and grandchildren of exiles and of women who lost nationality by marriage
Outside that window, nationality by option reaches only children of a parent who was originally Spanish and born in Spain. Spanish Civil Code, Art. 20(1)(b): option for children of a person originally Spanish and born in Spain

What would settle an unsure case

Whether anyone in the family lodged an application before 22 October 2025, or whether a living parent can opt first under Article 20, which would make you the child of a Spaniard.

The documents, as the rule lists them

Option (Art. 20(1)(b))

Through a parent

Your parent’s Spanish birth certificate (literal)
Your birth certificate, apostilled and translated
Your parents’ marriage certificate
Photo ID

Democratic Memory Law (application lodged in time)

Through a grandparent, if you had already applied by 22 October 2025

Your appointment request or declaration receipt (with its CSV code), dated before 23 October 2025
Your grandparent’s Spanish literal birth certificate
Your parent’s birth certificate
Proof of your grandparent’s exile or departure date

Most countries also want proof that your ancestor didn’t become a citizen somewhere else before their child was born: the naturalization record with its date, or a letter saying there isn’t one.

What it takes: time, cost, the hard part, who decides

Option (Art. 20(1)(b))

Time: 6–12 months at the consulate.
Cost: About $300–600: certified copies, apostilles and sworn translations. The option itself is free.
The hard part: Your parent must have been born in Spain; the birth record (certificación literal) is the key document.
Who decides: The Spanish consulate for your address.
The first record: Your parent’s Spanish birth record (certificación literal de nacimiento), from The Registro Civil of their birthplace. Request online from the Ministry of Justice with the name, date and place; free, 2–6 weeks. sede.mjusticia.gob.es

How it’s filed

Where: The Registro Civil of the Spanish consulate general for your state: Boston (ME, MA, NH, RI, VT), New York (NY, CT, DE, PA, NJ), Washington consular section (MD, VA, WV, DC, NC), Miami (FL, SC, GA), Chicago (IL, IN, IA, KS, NE, ND, SD, OH, KY, MI, MN, MO, WI), Houston (NM, OK, TX, AL, AR, LA, MS, TN), Los Angeles (ten southern CA counties, AZ, CO, UT), San Francisco (AK, the rest of CA, HI, ID, MT, NV, OR, WA, WY, Pacific territories) or San Juan (PR, Culebra, Vieques, USVI). office list
How: In person; you appear in person
Form: Hoja declaratoria de datos para la inscripción de nacimiento (mayor de edad); some consulates (Miami) also use a Formulario de Nacionalidad
Appointments: Email pre-review to the consulate’s Registro Civil, then an appointment the consulate assigns (e.g. cog.nuevayork.rgc@maec.es; Miami cog.miami.reop@maec.es; Los Angeles cog.losangeles.rgc@maec.es). Send every document scanned as ONE PDF (Miami caps it at 3 MB) with the subject ‘Nacionalidad española - Opción. [Name]’. The consulate checks the file and replies with a date; it cannot be booked by phone. An agent can prepare and send the email, but the date is the consulate’s to give. Citaconsular.es is for passports, not for the option.
Fee: No fee
Decision: 1–12 months

Your consulate

Every office in the United States (9)

Consular section, Embassy Washington

Serves District of Columbia, Maryland, North Carolina, Virginia, West Virginia

How: In person; you appear in person
Address: 2375 Pennsylvania Avenue NW, Washington, DC 20037

Email: cog.washington@maec.es.

Who qualifies, generation by generation

Can you claim Spanish citizenship through a parent?

Can you claim Spanish citizenship through a grandparent?

What changes the answer

Can you claim Spanish citizenship through a great-grandparent?

The dates that matter

Claiming through your mother or grandmother

Dual citizenship with your home country

Every way to apply, and the law behind it

The law

What would settle an unsure case

The law

What would settle an unsure case

The law

What would settle an unsure case

The documents, as the rule lists them

Option (Art. 20(1)(b))

Democratic Memory Law (application lodged in time)

What it takes: time, cost, the hard part, who decides

Option (Art. 20(1)(b))

How it’s filed

Democratic Memory Law (application lodged in time)

Where each record lives, and how to ask for it

Translations

The passport

Recent and pending changes

Already in the rule

If descent doesn’t reach you

Every source on this page

Check your family for Spain.

Who qualifies, generation by generation

Can you claim Spanish citizenship through a parent?

Can you claim Spanish citizenship through a grandparent?

What changes the answer

Can you claim Spanish citizenship through a great-grandparent?

The dates that matter

Claiming through your mother or grandmother

Dual citizenship with your home country

Every way to apply, and the law behind it

The law

What would settle an unsure case

The law

What would settle an unsure case

The law

What would settle an unsure case

The documents, as the rule lists them

Option (Art. 20(1)(b))

Democratic Memory Law (application lodged in time)

What it takes: time, cost, the hard part, who decides

Option (Art. 20(1)(b))

How it’s filed

Democratic Memory Law (application lodged in time)

Where each record lives, and how to ask for it

Translations

The passport

Recent and pending changes

Already in the rule

If descent doesn’t reach you

Every source on this page

Check your family for Spain.