The Common Myth
Many non-European expats living in Europe assume that if their child is born in their host country — such as Spain, France, Germany, or Italy — the baby automatically becomes a citizen of that country. In most European countries, this is not the case.
Europe generally follows the principle of ius sanguinis (right of blood), not ius solis (right of soil). This distinction has important immigration and compliance consequences for parents who are not aware of local regulations or who do not inform themselves in advance.
Ius Sanguinis vs. Ius Solis — The Core Legal Difference
Ius Solis (Right of Soil)
- Citizenship is granted based on place of birth
- Common in countries such as:
- United States
- Canada
- Many Latin American countries
Ius Sanguinis (Right of Blood)
- Citizenship is based on the parents’ nationality
- Applies in most European countries, including:
- Spain
- France
- Germany
- Italy
- A child born in Europe typically inherits the parents’ nationality, not that of the country of birth
Spain as an Example
Let’s look at Spain as a practical example.
In Spain, a child born to non-Spanish, non-EU parents does not automatically acquire Spanish nationality. The child normally acquires the nationality of the parents under the principle of ius sanguinis and still requires legal residence status in Spain.
Spain does have very limited exceptions where nationality may be granted at birth (for example, to prevent statelessness), but these situations are rare and highly specific.
Key Immigration & Compliance Steps After Birth
- Register the Birth Locally
- Register the birth with the local civil registry
- Obtain the official local birth certificate
This is an administrative step, not an immigration one, but it is required for all subsequent procedures.
- Register the Birth with the Parents’ Consulate
- Register the child with the parents’ home country consulate
- This usually allows:
- Confirmation of the child’s nationality
- Issuance of a passport or emergency travel document
⚠️ Delays at this stage often block immigration applications later and may significantly impact the family’s travel plans.
- Apply for the Child’s Residence Permit
- The child typically needs:
- A residence permit linked to the parents, or
- A family reunification or dependent permit
- Update Parents’ Immigration Files and Local Registrations
This could involve tasks like:
- Update municipal registration records
- Include the child under healthcare coverage
Long-Term Considerations: Residency and Citizenship
Even if the child is not European at birth, many countries allow:
- Long-term residency after a certain number of years
- Citizenship applications later in life
In Spain, for example, children born in the country may benefit from shorter naturalization periods in the future — but only if their residency has been fully compliant from the beginning.
Why Professional Guidance Matters
For families — especially non-European expats — the period immediately following a child’s birth is one of the most sensitive phases of their stay. Immigration requirements, deadlines, and documentation obligations can be complex and are often underestimated.
We strongly recommend getting informed in advance and seeking professional support so that all procedures can be handled smoothly. This allows families to focus on what truly matters: welcoming their new family member with peace of mind.
Contact us!
If you are expecting a child or have recently welcomed a baby while living abroad, our team is here to help. We provide tailored guidance to ensure your child’s immigration and residency status is handled correctly from day one.
👉 Feel free to contact us for personalized advice and support.
