Irina Firsova Author Irina Firsova Immigration lawyer in Spain, member of the Barcelona Bar Association no. 46.385 15 min read Message the author

Giving birth in Spain: citizenship, residence and costs in 2026

A child born in Spain to foreign parents does not automatically receive Spanish citizenship. Spain applies the right of blood: a newborn inherits the parents’ citizenship. But children born in Spain have a special benefit — they can apply for citizenship after just 1 year of legal residence instead of the usual 10 years.

A child automatically becomes Spanish in only four situations: if at least one parent is Spanish; if one of the parents was also born in Spain; if the child would otherwise be stateless; if the child’s parentage has not been established. For families from Russia, Belarus, Kazakhstan and Ukraine, none of these cases usually applies.

Below — what exactly the child receives, what giving birth costs in a public hospital and with a private policy, how to sort out the documents in the first weeks and how to apply for a Spanish passport after a year.

Why being born in Spain does not give citizenship

Two principles operate around the world. The right of soil (ius soli) — citizenship by place of birth, as in the USA, Canada, Brazil and Argentina. The right of blood (ius sanguinis) — citizenship through the parents.

Spain belongs to the second group. A child of Russian parents born in Barcelona becomes a citizen of Russia at birth, not of Spain. The maternity hospital, the region or whether the parents hold a residence permit make no difference.

There are exceptions to this rule, but they are protective: their purpose is to prevent a child from being left with no citizenship at all, not to reward them with a Spanish passport for their place of birth.

What citizenship a child born in Spain receives: the right of blood, exceptions and the 1-year naturalisation period

When a child does become Spanish straight away

Situation What the child receives
At least one parent is a Spanish citizen citizenship by origin, regardless of the country of birth
Both parents are foreigners, but one of them was also born in Spain citizenship by origin (does not apply to children of diplomats and consular staff)
The law of the parents’ country does not give the child their citizenship when born abroad citizenship by origin — so that the child is not left stateless
The parents are stateless the same ground
The child’s parentage has not been established citizenship by origin
The child was adopted by a Spanish citizen citizenship immediately after adoption; for those adopted over the age of 18 — within two years

The third point is the main misunderstanding in Russian-language articles

The wording “if the parents’ country does not give citizenship to children born abroad” is often presented as if it might apply to Russians. It cannot.

Russia, Belarus, Kazakhstan and Ukraine pass their citizenship on to children by descent regardless of the place of birth. So the child is not left stateless, and the protective rule does not apply. This point works for citizens of certain Latin American countries whose legislation is structured differently.

Your child’s Russian citizenship: what to do first

A child of Russian parents is a Russian citizen by birth. But the fact of citizenship has to be documented, otherwise you will not be able to take the child out of the country or obtain documents for them.

The procedure in outline:

  1. Register the birth at the Spanish Registro Civil. Usually the hospital itself sends the details to the registry within 72 hours. If the birth took place outside a hospital or the details were not sent, the parents declare the birth within 10 days; after that only through a separate procedure (Articles 46–47 of the Civil Registry Law).
  2. Obtain a certificado literal de nacimiento — the Spanish birth certificate.
  3. Have it apostilled and get a translation the consulate will accept.
  4. Apply to the consular section for the child’s documents: confirmation of citizenship and an international passport.

The exact list of documents and the consulate’s booking procedure change — check on the website of your specific consulate before the birth, not after. For citizens of Belarus, Kazakhstan and Ukraine the scheme is similar, but you need to apply to your own consulate and take into account your country’s position on multiple citizenship.

Spanish father, Russian mother: what citizenship the child has

The child of a Spanish citizen is Spanish by origin wherever they are born (Article 17.1.a of the Civil Code). The child does not have to give up a second citizenship: renunciation is required only of people who acquire Spanish citizenship by residence, by option or by special decree.

Russian citizenship depends on the place of birth (Article 13 of Law No. 138-FZ):

  • Born in Russia — a Russian citizen by birth and Spanish at the same time.
  • Born in Spain or another country — Russian citizenship by birth does not arise: for a child of a mixed couple born abroad, the law grants it only if no foreign citizenship arose at birth, and Spanish citizenship arises immediately. Russian citizenship is obtained through admission to citizenship under Article 16, because one parent is a Russian citizen. From the age of 14 the child’s own written consent is needed.
Spanish father, Russian mother: the child’s citizenshipSpanishby origin, whateverthe country of birth(Art. 17.1.a Civil Code)Born in Russiaalso Russian by birth —the child has twocitizenships at onceBorn outside Russianot Russian by birth:admission to citizenshipunder Art. 16, Law 138-FZ
The child of a Spaniard is Spanish from birth in every case. The place of birth only decides how Russian citizenship is obtained.

A birth in Spain is registered at the local Registro Civil, and a birth abroad at a Spanish consulate. While the child is a minor, there is no need to choose between citizenships. After coming of age, Spanish citizenship can be lost if they live abroad and use only the other citizenship for three years; this is avoided by declaring at the Registro Civil the wish to keep Spanish citizenship (Article 24 of the Civil Code).

A residence permit for the child: where the path to a Spanish passport begins

Spanish citizenship after a year is possible on one condition only: the child must have legal resident status for that entire year. A year of “simply living in the country” does not count.

If the parents are residents of Spain, the child obtains a residence permit as a child of a resident born in Spain (art. 159 of RD 1155/2024). The father or mother applies in person on form EX-25 within six months of the birth; fee 790-052 is €10.94, no visa is needed, and the permit is issued for five years. The Supreme Court judgment of 8 July 2026 removed from that article the condition that the child has not left Spain since birth: the authorities may check that the child has actually lived in Spain on a habitual basis, but temporary justified absences do not by themselves remove the right.

If the parent’s permit was issued under Law 14/2013 — digital nomad, highly qualified professional, start-up — the child applies as a family member under article 62.4 of that law, together with the parent or later.

Hence a practical conclusion worth a whole section: the child’s residence permit must be applied for immediately, not “some time”, and in any case no later than six months after the birth. Every month of delay is a month that pushes back the citizenship application. Parents who realise six months later lose six months.

If the parents were not residents at the time of the birth — for example, they came on a tourist visa — the child has neither a residence permit nor grounds to obtain one. The clock will only start once the family has legal status.

Citizenship after one year: how it works

The rule is set out in Article 22 of the Civil Code: for those born in Spain the naturalisation period is reduced from 10 years to one year. This is the shortest route to a Spanish passport of all those available to families from the CIS.

What you will need

  • the child’s Spanish birth certificate;
  • proof of continuous legal residence for a year — the child’s residence card and a historical certificate of municipal registration;
  • the parents’ documents: passports and their residence cards;
  • the application and the paid fee.

Three differences between the children’s procedure and the adult one

No exams are taken. The CCSE on the constitution and DELE A2 language exam are requirements for adults. They do not apply to a young child. This removes the main difficulty of adult naturalisation.

The application is filed by the legal representative. For a child under 14 the parents file the application, and this requires prior authorisation from the officer in charge of the Registro Civil. A teenager aged 14 to 18 files the application themselves, but with the assistance of their legal representative.

The question of renouncing previous citizenship is handled differently. For minors the procedure differs from the adult one, and the consequences depend on the position of the country of origin. More on how renunciation works in our article on dual citizenship. This is the point worth going through with a lawyer individually: the price of a mistake is the child’s citizenship.

And what do the parents get?

The direct answer: the birth of a child in Spain does not in itself give the parents either a residence permit or citizenship. This is the main myth on the subject, and a large part of “birth tourism” is based on it.

The situation changes if the child becomes a Spanish citizen — for example, on one of the protective grounds or through naturalisation after a year. Parents of a minor Spanish citizen gain their own ground for legal status, based on family ties.

But note the sequence: first the child becomes Spanish, and only then does this affect the parents’ status. And for the child to become Spanish, the parents need a year of legal residence — that is, they must already have a residence permit.

The rules on legal status on family grounds were revised in 2025 by the new immigration regulation, so the specific arrangement needs to be checked for currency.

Giving birth in Spain: healthcare and money

Who pays for a birth in Spain depends on the mother’s status, not on the choice of hospital. The state covers a foreigner who lives in Spain legally and habitually and is not required to prove health cover in another way (Article 3 of Law 16/2003). Each status is covered in our article on healthcare in Spain.

Mother’s status Who pays for antenatal care and the birth
Works in Spain (employee, autónomo, nomad in Spanish Social Security) or is registered as her spouse’s dependant the public system: there is no bill for the birth
A residence permit that requires private insurance (non-lucrative, study), or a nomad in her home country’s social security a private policy; the convenio especial only after a year of living in Spain
A tourist or visa-free visitor a bill at the regional public hospital tariff, or to the insurer
A private clinic without a policy the clinic’s own price list; there is no public tariff
Giving birth in Spain: from pregnancy to the child's documentsPregnancya policy with nowaiting period orpublic healthcare —before pregnancyBirthentitled: no billnot entitled:regional tariff,from €2,674Registrationhospital → RegistroCivil within 72 h;otherwise parentsdeclare in 10 daysDocumentscertificado literal→ child's permit:the citizenshipyear starts here
Four steps from pregnancy to the child’s documents. The year towards citizenship counts from the child’s residence permit, not from birth. Registration deadlines: Articles 46–47 of Law 20/2011; lowest tariff: ICS hospitals in Catalonia, 2025.

What giving birth costs without public cover

Without entitlement to public healthcare, a public hospital bills at the region’s public prices (precios públicos). A birth is billed as a hospital stay by DRG group: “birth” (560) and “caesarean section” (540), each at four severity levels. The newborn is a separate line: DRG 640, a healthy baby weighing over 2.5 kg.

Region and source Birth, levels 1 and 2 Caesarean, levels 1 and 2 Newborn, level 1
Madrid, Orden 1975/2023 €2,947 and €3,339 €5,031 and €5,796 €2,100
Catalonia, ICS hospitals, 2025 prices €2,674 and €3,015 €4,532 and €5,418 €881

Antenatal care is paid separately, per visit: at ICS an obstetrician at a women’s health centre costs €65, a midwife €45, pregnancy blood tests €100, first-trimester screening €130, and the three trimester scans €38, €76 and €35. A first specialist consultation at a hospital costs €210, a follow-up €98.

Tourists: an emergency birth and the bill

Since 13 March 2026, Royal Decree 180/2026 specifically guarantees a pregnant foreign woman without resident status antenatal care, the birth and postnatal care in the public system (Article 4.b). But a tourist needs a social services report on special vulnerability, and in the declaration she confirms that she holds no valid visa and no insurer is obliged to pay. This route does not suit a family that comes to give birth at its own expense: the bill follows the tariff above or goes to the travel insurer — Madrid’s tariffs expressly name “seguro de viajeros”. Check whether your policy covers childbirth before you travel.

Convenio especial: public healthcare for a monthly fee

Someone living in Spain without entitlement to public healthcare can sign a convenio especial with the region: €60 a month under 65 and €157 from 65 (RD 576/2013, Article 6). The conditions are at least a year of continuous residence in Spain before applying and municipal registration in the region. So for a birth in the first year after the move this route is closed, and a private policy is needed for that period. What the convenio does not cover is explained in the section on the convenio especial.

A private policy and the waiting period

The main trap of a private policy is the carencia, a waiting period during which childbirth is not yet covered. Residence permit policies usually have none for childbirth, but some insurers treat a pregnancy that began before the purchase as a pre-existing condition. The terms by company are in the “Pregnancy and childbirth” section of our article on health insurance in Spain. Take out the policy before pregnancy, and make sure childbirth cover is written into the certificate. If the policy has been changed, the childbirth waiting period, usually 8 months, may start again.

Example: a family in Barcelona

A couple, both 36, move to Barcelona on a residence permit that requires private insurance and plan a child in the first year. A residence permit policy with no co-payments or waiting periods costs €1,034.51 a year per person, €2,069.02 for two at 2026 rates. Antenatal care and the birth at a clinic in the insurer’s network are included. Without a policy, the same birth at an ICS public hospital costs €3,555 (€2,674 for the birth and €881 for the newborn), a caesarean €5,413, with visits, tests and scans added at list price. In Madrid the same cases cost €5,047 and €7,131. Serious complications push the bill for the birth alone up to €13,000–22,000, and they cannot be predicted in advance. A private clinic without a policy sets its own price, so get a written estimate (presupuesto) before the birth.

Registering the birth and the child’s documents

The hospital itself sends the birth details to the Registro Civil within 72 hours, together with the form the parents fill in at the maternity ward: the child’s name, the order of surnames and paternity (Article 46 of Law 20/2011). If the hospital has not done so, the parents declare the birth within 10 days (Article 47). Once it is registered, the birth certificate (certificado literal) is ordered on the Ministry of Justice website. With this certificate you apply for the child’s residence permit and obtain documents at the consulate — the procedure for Russian citizens is in the section on your child’s Russian citizenship.

Birth leave and benefit

A working parent is entitled to 19 weeks of leave, a single parent to 32, with a Social Security benefit of 100% of the contribution base. The same applies to autónomos, including nomads in Spanish Social Security; a nomad who stays in their home country’s social security gets no Spanish benefit. How to split the weeks and what contribution record is needed is in the section on birth and childcare leave.

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Four myths

“I gave birth in Spain, so the child is Spanish.” No. The right of blood, not the right of soil.

“The child was born in Spain, so the parents will be given a residence permit.” No. The birth of a child is not in itself a ground.

“The year of residence counts from birth.” What counts is a year of legal residence with resident status. Without a residence permit for the child, the clock does not run.

“I’ll come to give birth on a tourist visa and get documents.” You will get care during the birth and the child will be registered. But this creates neither a residence permit nor grounds for citizenship, and the hospital will bill you at the regional tariff for the birth, the newborn and antenatal care — from €3,555 for an uncomplicated birth with the newborn.

Checklist for parents

  1. Before pregnancy: take out health insurance, taking the waiting period into account.
  2. Before the birth: make sure both parents have a valid residence permit and up-to-date municipal registration.
  3. First 10 days: register the birth at the Registro Civil.
  4. First weeks: obtain the Spanish birth certificate, apostille and translation.
  5. First month: apply for the child’s residence permit — this is when the one-year clock starts. The legal deadline is six months from the birth.
  6. In parallel: obtain the child’s documents at your country’s consulate.
  7. Don’t forget: register the child at your address along with the family — the historical registration certificate will be needed after a year.
  8. After 12 months: apply for citizenship.

Frequently asked questions

If you give birth in Spain, what citizenship will the child have?

The parents’ citizenship. A child of Russian citizens will be Russian. Spanish citizenship at birth is given only in exceptional cases: if one of the parents is Spanish or was also born in Spain, if the child would otherwise be stateless, or if the child’s parentage has not been established.

If you have a baby in Spain, will they get citizenship?

Not automatically. But those born in Spain have the right to apply for citizenship after one year of legal residence instead of the usual ten years.

The child was born in Spain and the parents are Russian — what citizenship does the child have?

Russian by birth. It needs to be documented through the consulate: the Spanish birth certificate with an apostille and translation, then the child’s documents.

Spanish father, Russian mother — what citizenship does the child have?

Spanish by origin, in whatever country the child is born. If the child is born in Russia, they are also a Russian citizen by birth. If born in Spain or another country, Russian citizenship by birth does not arise; it is obtained through admission to citizenship under Article 16 of Law No. 138-FZ.

Does having a child in Spain give the parents a residence permit?

Not in itself. The parents can gain a ground for legal status only once the child becomes a Spanish citizen.

Does the child need to take citizenship exams?

No. The CCSE and DELE A2 are requirements for adult applicants.

Can you give birth in Spain on a tourist visa?

You can: a woman in labour will not be refused emergency care, and the birth will be registered. But a tourist has no free cover: the hospital bills at the regional tariff or the travel insurer. Such a birth gives neither the child nor the parents a residence permit.

How much does giving birth in Spain cost?

For a resident entitled to public healthcare, nothing. Without that entitlement a public hospital bills at the regional tariff: in Madrid an uncomplicated birth costs €2,947, a caesarean €5,031 and the newborn €2,100; at ICS hospitals in Catalonia €2,674, €4,532 and €881. A private clinic without a policy sets its own price.

How do you register a child born in Spain?

The hospital itself sends the details to the Registro Civil within 72 hours, using the form the parents fill in at the maternity ward. If that has not happened, the parents declare the birth within 10 days. The certificado literal birth certificate is then ordered on the Ministry of Justice website and used to apply for the child’s residence permit and documents at the consulate.

Will private insurance cover the birth if you are already pregnant?

It depends on the policy. Residence permit products such as Sanitas Residents and Adeslas Welcome have no waiting period for childbirth, but some insurers treat a pregnancy that began before the purchase as a pre-existing condition and decide on cover from the health questionnaire. Childbirth cover must be written into the certificate.

From when does the year for citizenship count?

From the date the child obtained legal resident status, not from the date of birth.

How can a child get Spanish citizenship if born elsewhere?

The one-year benefit applies only to those born in Spain. In other cases the general ten-year period applies, and the child usually obtains citizenship together with or after the parents.

At what age do you come of age in Spain?

At 18, as expressly set out in Article 12 of the Spanish Constitution. Until 18 the parents apply for citizenship on the child’s behalf, and from 14 the child applies personally with their assistance.

Key points on giving birth in Spain and your child’s citizenship

  • Spain applies the right of blood: being born in the country does not give citizenship.
  • A child of parents from Russia, Belarus, Kazakhstan or Ukraine receives the parents’ citizenship at birth.
  • The main benefit of being born in Spain is the reduction of the naturalisation period from 10 years to 1 year.
  • The year counts only if the child has a residence permit, so it is applied for immediately after birth.
  • Children do not need to take exams.
  • The birth of a child does not give the parents a status: first they get a residence permit, then the child gets citizenship, and only then does it affect their position.
  • Insurance covering childbirth is taken out in advance — because of the waiting period.

A child’s path to a Spanish passport begins with your residence permit. If you do not have one yet or your renewal is coming up, we will look at your situation and find a route that gives the family legal status before the birth: write to us. For remote employees and freelancers the digital nomad residence permit is most often the right fit.

Contents
  1. Why being born in Spain does not give citizenship
  2. When a child does become Spanish straight away
  3. Your child’s Russian citizenship: what to do first
  4. Spanish father, Russian mother: what citizenship the child has
  5. A residence permit for the child: where the path to a Spanish passport begins
  6. Citizenship after one year: how it works
  7. And what do the parents get?
  8. Giving birth in Spain: healthcare and money
  9. Four myths
  10. Checklist for parents
  11. Frequently asked questions
  12. Key points on giving birth in Spain and your child’s citizenship
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