Births and Citizenship
The U.S. Consulate General registers the birth of children born in Spain to U.S. Citizen parent(s).
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.
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.
- 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. Form DS-5507 Affidavit of Parentage, Physical Presence and Support should be completed and signed under oath before the Consular Officer.
- 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.
* Both parents should appear in person – if only one parent is present at the time of application, a written statement DS-3063 signed in the presence of a notary must be submitted, in which the absent parent agrees to the issuance of a passport.
** 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.