Skip to content
luid.es
Login
Visas and residency

Having a baby in Spain as a foreign resident

The hospital registers the birth. After that, the baby still needs its own residence authorisation, and the parent has six months to ask for it.

Last reviewed

On this page
  1. Registering the birth
  2. Is the baby Spanish?
  3. The baby needs a residence authorisation
  4. Healthcare for the baby
  5. Benefits that can apply
  6. Sources
  7. Who can do this for you

Registering the birth

For a birth in a hospital, the hospital does the first step. Article 46 of Ley 20/2011 says the hospital "comunicará en el plazo de setenta y dos horas" each birth to the Registro Civil (civil registry) office. It sends the official form electronically, signed by the parents, with the doctor's birth report. The form includes the parents' nationality, the baby's name and the order of the surnames.

The parents sign that declaration and show ID to the hospital staff. The Ministry of Justice page for health centres lists the parents' identity documents and, where it applies, the libro de familia or marriage certificate. It does not say anything specific about foreign parents, so ask the hospital what it wants from you.

If the birth was outside a hospital, or the hospital did not send the form in time, article 47 gives the people obliged to register "un plazo de diez días" to declare it at the Registro Civil (or at a consular civil registry office). After that, registration needs a ruling in a registry file, which is slower. Do not let the ten days pass.

Is the baby Spanish?

Usually not. Being born in Spain does not make a child Spanish. Article 17.1 of the Código Civil names who is Spanish by origin. The cases that can apply to a baby born to foreign parents are these:

  • A parent was also born in Spain. The text: "Los nacidos en España de padres extranjeros si, al menos, uno de ellos hubiera nacido también en España." Children of diplomatic or consular officials are excepted.
  • The baby would have no nationality at all. This is where both parents have none, or where "la legislación de ninguno de ellos atribuye al hijo una nacionalidad". Whether your country's law passes its nationality to a child born abroad is a question for your consulate. Do not assume the answer is no.
  • The baby's parentage cannot be established (article 17.1.d).

If none of these fits, the baby takes no Spanish nationality at birth. The route open later is residence: article 22.2.a says one year of residence is enough for "el que haya nacido en territorio español", and the residence must be legal, continuous and immediately before the application (article 22.3). The rest of the process is in the guide on Spanish nationality by residence.

The baby needs a residence authorisation

Registering the birth does not give the baby a right to stay. The baby needs its own authorisation, and a parent has to ask for it.

If a parent holds a residence authorisation under the aliens regulation (Real Decreto 1155/2024), article 159 applies. It covers unmarried minors born in Spain to foreign parents with such an authorisation. It needs no visa and lasts 5 years. The parent must apply in person within 6 months of the birth, or of a parent getting residence if that is later, and the baby must be in Spain. The Ministry's information sheet asks for:

  • form EX-25, signed by one parent;
  • a full copy of the valid passport, travel document or registration card of both the baby and the applying parent;
  • the Spanish birth certificate;
  • proof of the parent's residence.

The baby's passport or equivalent comes from the parents' side, so start it early. The Spanish authorities do not issue it. After the grant, the baby and the parent go to the police for the TIE within one month. Silence after one month counts as a refusal, so keep your filing receipt.

Two warnings from the official text. The Supreme Court annulled parts of article 159 on 8 July 2026, and the BOE now says the "not absent since birth" condition means the baby has kept its habitual residence in Spain, so short justified trips do not automatically disqualify you. And a Ministry criteria note from July 2025 says that if the six months have passed, a late application is treated as family reunification, with all its requirements (the visa is waived if the baby is in Spain and only the deadline was missed). Ask an adviser before you let the six months run out.

If you are on the digital nomad visa, that authorisation comes from Ley 14/2013, not the 2024 regulation. The Ministry's family form for Ley 14/2013 holders (filed with the UGE, the unit that handles these) has a box for "menor nacido en España" and a box for "familiar de teletrabajador de carácter internacional". That is what we could confirm. We could not confirm from an official page whether the six-month limit applies on that route, so treat it as applying and file early. Who is family on the digital nomad visa is in the family guide.

Healthcare for the baby

The baby is added as a beneficiario of a parent who has public cover, through the INSS healthcare request. The steps and documents are in the family guide, and the regional health card order is in the padrón, TIE and health card guide. Booking the GP or paediatrician is in the health centre guide.

Vaccination follows the common calendar approved by the Interterritorial Council of the health system, which the regions run. The Ministry page does not say what is free, so ask your health centre what your region covers and what it charges.

Benefits that can apply

Birth and childcare benefit (prestación por nacimiento y cuidado de menor). Royal Decree-law 9/2025 sets the leave at 19 weeks for each parent ("durante diecinueve semanas"). The benefit is paid by the INSS to people in the Régimen General who take that leave and meet the contribution test in article 178 of the Ley General de la Seguridad Social, which depends on your age at the birth:

  • under 21: no minimum;
  • 21 to 25: 90 days in the previous seven years, or 180 days in your working life;
  • 26 or over: 180 days in the previous seven years, or 360 days in your working life.

We did not check the rules for the self-employed, or how the leave is split in a single-parent family, so ask your gestor.

Maternity tax deduction (deducción por maternidad). Article 81 of the income tax law lets a mother with a child under three, who qualifies for the descendants allowance and is registered in Social Security (or on a mutual fund) for at least 30 days, reduce her tax bill by up to 1,200 euros a year per child, plus up to 1,000 euros more for authorised nursery costs. It reduces tax you owe, so it matters once you are a Spanish tax resident.

Sources

Who can do this for you

A lawyer can tell you which residence route fits your visa, file the baby's application inside the six months, and check whether any nationality case applies. Doctors and clinics can tell you what the birth report and the early paediatric checks involve in your region.

This page is general information, not legal advice. It was checked against the sources above on the date shown. Article 159 was changed by a court ruling in 2026, so confirm the current text before you rely on it.

More on visas and residency