The age limits, who signs, where to apply and why minors should not delay.
Option is not the same as automatic nationality
Spanish Civil Code article 20 offers nationality by option to people who are or have been subject to the parental authority of a Spaniard, subject to age and legal conditions. If a mother becomes Spanish while her children are minors, the children may have a right of option; a Spanish passport is not issued automatically to each child when she is naturalized. The office must confirm eligibility and record the option.
Age and the right person to declare
Procedures differ below age 14, from 14 to 17 and after majority. For younger children the legal representative acts under the applicable rules; older minors are usually involved directly, assisted as required. The ordinary option through Spanish parental authority generally expires two years after majority or emancipation, often described as before the 20th birthday. Other legal option categories may have different limits.
Where to do it
The declaration is before the civil-registry official for the person’s domicile. A child resident in another country may use the competent Spanish consular civil registry; a child in Spain normally goes through the Spanish civil-registry procedure. Gather the parent’s Spanish birth certificate/nationality proof, the child’s full birth certificate, identities, custody documentation and required legalization.
Keep a family deadline calendar
For every child, write down their date of birth, the date the parent became Spanish and the relevant age threshold. If a child is nearing 18 or 20, act promptly and get qualified advice about the precise rule. Keep the child’s residence status lawful while a nationality procedure is pending; filing a nationality option does not automatically replace immigration documentation.
Not every child of a new Spanish national becomes Spanish automatically; age and legal parentage matter.
What to do next, in order
- 01
Record each child’s age and parent’s acquisition date.
- 02
Check article 20 eligibility and exact deadline.
- 03
Obtain full civil birth and custody documents.
- 04
Contact civil registry in the child’s actual domicile.
- 05
Get written confirmation when option is registered.
If my child is 17, should we wait?
No reason to wait without advice: deadlines and different signing rules make early review sensible.
Can adult children always opt?
No. The particular legal ground, history and deadlines must be checked.
Information current to November 12, 2026. Government procedures can change, and individual cases vary. This guide is general education, not personalized legal advice.
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