• In the first case, if a person is born on Spanish territory and does not acquire any other nationality, he is presumed to be Spanish from birth. This is known as the original Spanish nationality.
• In the second case, if a minor is adopted by a Spanish citizen, it is presumed that the minor automatically acquires Spanish nationality. However, it is important to bear in mind that this presumption may be rejected if it is shown that the child had another nationality at the time of adoption.

It is important to note that, in both cases, certain requirements need to be met and certain procedures followed to grant Spanish nationality simply by presumption. For example, in the case of adoption, it is necessary to follow the relevant legal procedures and to request the registration of the child in the Civil Registry.

Can I apply for Spanish nationality for a mere presumption?

In order to apply for Spanish nationality as a mere presumption, parents must have the following nationalities: Argentina, Bolivia, Brazil, Cape Verde, Colombia, Costa Rica, Cuba, Guinea Bissau, Panama, Paraguay, Peru, Portugal, Sao Tome and Principe and Uruguay.

It may be that both parents have the same nationality and, if not, they also have the right to apply for Spanish nationality by presumption for children of parents who combine the nationalities we have mentioned above.

There are some special cases, as in Ecuadorwhere value is given to those born before 20 October 2008. In case of MoroccoSpanish nationality is granted only if the mother is Moroccan and the father has one of the above-mentioned nationalities. For the Palestiniansthe law varies greatly depending on a variety of factors, such as the type of marriage and the law of the non-Palestinian spouse, the host country, the status they have, among others.

If you are interested in getting to know more about this subject or need legal advice to apply for Spanish nationality by mere presumption, contact us to receive advice from an expert lawyer on foreigners