The Spanish nationality legal framework refers to all the laws, provisions, regulations, and resolutions in Spain concerning nationality.
Article 11 of the First Title of the Spanish Constitution refers to Spanish nationality and establishes that a separate law is to regulate how it is acquired and lost. Lacking an overarching unifying legal body, the current regulation about nationality in Spain is thus contained in 17–28th articles of the Civil Code, 63–68th articles of the Civil Registry Law, 220–237th articles of the Civil Registry Regulations and in a number of instructions and resolutions from the Directorate General for Registers and Notaries.
Spanish citizenship by origin is defined in the Civil Code on the principle of jus sanguinis (with some limited jus soli provisions) and it can be voluntarily renounced but not forcefully removed. The most common mode of acquisition of derivative citizenship is legal and continuous residence in the country. The Spanish legal framework is considered to be one of the most restrictive in Europe in terms of citizenship acquisition. A preferential treatment in this regard is granted to former colonies, whose citizens also enjoy the privilege of not needing to renounce their original citizenship to acquire the Spanish one.
History
Traditionally, considerations about the Spanish nationality had been (successively) regulated by constitutional articles: the 5th article of the 1812 Cádiz Constitution, 1st article of the 1837 Constitution, 1st Article of the 1845 Constitution, 2nd article of the unpromulgated 1856 Constitution, 1st article of the 1869 Constitution and 1st article of the 1876 Constitution.
The original text of the 1889 Civil Code was partially or wholly amended by the 23rd and 24th articles of the 1931 Constitution (which opened a way for exploring double citizenship agreements with Ibero–American countries), and the 1954, 1975, 1982, 1990, and 2002 laws. The current Constitution of 1978 is the first that does not define Spanish nationality. Rather, article 11 establishes that Spanish nationality is acquired, preserved and lost in accordance with the provisions of the law (). It is also the first constitution that emphasises that a español de origen ("Spaniard by origin") cannot be deprived of their nationality. On 13 July 1982, and in accordance to what had been established in the constitution, the first law regarding nationality was approved, which was in fact an amendment to the Spanish Civil Code in effect. This law has been reformed on 17 December 1990, 23 December 1993, 2 November 1995, and most recently 2 October 2002.
Acquisition of Spanish citizenship
Title One of Book One of the Spanish Civil Code lays out the details of Spanish nationality.
By origin
Spanish legislation regarding nationality establishes two types of nationality: "Spanish nationality by origin" (nacionalidad española de origen)—that is, a "natural-born Spaniard"—and the "Spanish nationality not by origin" (nacionalidad española no de origen).
According to article 17 of the Spanish Civil Code, the following are Spaniards by birth right are: those individuals born of a Spanish parent; those individuals born in Spain of foreign parents if at least one of the parents was also born in Spain, with the exception of children of foreign diplomatic or consular officers accredited in Spain; those individuals born in Spain of foreign parents if neither of them has a nationality, or if the legislation of either parent's home country does not grant the child any nationality; those individuals born in Spain of undetermined filiation; those individuals whose first known territory of residence is Spain, are considered born in Spain.
Foreign minors under the age of 18 acquire Spanish nationality by origin upon being adopted by a Spanish national. An adoptee over the age of 18 can apply for Spanish nationality by origin up to two years after the adoption.
Since the 1889 Civil Code came into effect, there have been various regulations requiring registration of births of Spaniards abroad, and limiting citizenship by descent to a specified number of generations. These rules have changed over time; the rules in force at the time of birth usually apply.
Under Article 24.1, people born outside Spain, other than in specified Spanish-speaking countries, to a Spanish citizen born in Spain will lose Spanish nationality if they exclusively use a foreign nationality acquired before adulthood. That loss can be avoided by registering the desire to preserve Spanish nationality in the civil registry at a Spanish consulate.