Births and Citizenship
The U.S. Consulate General registers the birth of children born in Spain to U.S. Citizen parent(s).
Reporting a Birth Abroad
Persons born abroad to U.S. parent(s) may have acquired citizenship at birth. This determination is based upon a variety of facts: the law in effect at the time of birth, the amount of time the American citizen parent(s) have lived in the U.S. prior to the birth, and, in some cases the marital status of the biological parents.
To apply for a Consular Report of Birth both* parents must apply in person at the U.S. Consulate General and bring:
- Your child.
- The completed application forms: Consular Report of Birth Abroad DS-2029 (PDF - 54K), Application for Social Security number SS-5, and Passport Application Form DS-11. Do not sign the forms.You will sign in our presence. To download the form, copy this link into your browser or search engine: http://www.state.gov/documents/organization/212239.pdf
- Child’s Spanish Birth Certificate (literal version).
- Parents’ U.S./Alien passports.
- Parents’ Marriage Certificate ** (if married in Spain, Libro de Familia).
- Proof of termination of any previous marriages** (divorce or death certificates).
- If only one parent is an American Citizen, that parent’s proof of 5 years physical presence in the U.S. (employment records, school transcripts, tax returns, etc.).
- One photo (5cm x 5cm on a white background). We recommend bringing the baby’s photos, since the photo booth at the Consulate is not appropriate for newborns.
- The appropriate fee.
The following requirements apply:
- One of the parents must be a U.S. citizen at the time of the child’s birth.
- If both parents are U.S. citizens at the time of the birth, the child is a U.S. citizen.
- For children born after November 14, 1986 to one U.S. citizen and one alien, the U.S. citizen parent must have been physically present in the United States for a total of 5 years before the child’s birth, two of which must have been after attaining 14 years of age.
- For children born out of wedlock to a U.S. citizen father, the father must formally acknowledge parentage and agree to support the child through age 18 as well as fulfill the U.S. physical presence requirement stated above.
- For children born out of wedlock to a U.S. citizen mother, the mother must have been physically present in the United States for a continuous period of one year prior to the child’s birth.
- For children not covered in the above categories, please contact this office or see section on Acquisition of U.S. Citizenship.
The Child Citizenship Act of 2000 is a recent amendment of the U.S. Immigration and Nationality Act that provides alternative ways by which children of U.S. citizens may become U.S. citizens when their parents are unable to transmit citizenship.
PARENTAL CONSENT (for Passport Applications)
If only one parent is executing the passport application, that parent must provide documentary evidence that he/she is able to do so without the other parent’s consent.
- One parent has sole custody of the child, or is the child’s legal guardian
- The absent parent has provided notarized written consent, not more than 3 months old, (see forms below) acknowledging issuance of the passport. Written consent must be in English and must indicate the parent’s unequivocal consent to passport issuance. It can be executed before a U.S. or foreign notary. A copy of the absent parent’s photo identification must accompany the consent form. The Consulate will accept this only when one of the parents is outside Spain or is physically incapable of coming personally
- Someone is in “loco parentis” and has the notarized written consent of both parents, of a parent with sole custody over the child, or of the child’s legal guardian, to the issuance of the passport. Again the photo identification of the parent(s) authorizing someone to apply “in loco parentis” must be submitted.
- DS-5507 – Statement of Consent (if you are the absent parent providing written consent) or
- DS-5525 – Statement of Exigent/Special Family Circumstances (the applying parent unable to obtain the written consent from the other parent)
These forms can be downloaded at:
Statement of Consent http://www.state.gov/documents/organization/212243.pdf
Statement of Exigent/Special Family Circumstances http://www.state.gov/documents/organization/217450.pdf
** All documents presented should be in the English or Spanish language.
All downloadable documents on this page are provided in PDF format. To view PDFs you must have a copy of Adobe Acrobat Reader. You may download a free version by clicking the link above.