Registering a Newborn in Portugal: Does the Newborn Have the Right to Portuguese Citizenship? What About the Parents?

 Florbela Lopes | Lawyer

Understanding the legal framework around registering a newborn in Portugal and the rights associated with nationality is essential for parents, especially foreign nationals. This article provides guidance on the registration process, the conditions under which a newborn can obtain Portuguese citizenship, and the rights of the parents regarding Portuguese citizenship and legal residence.

When a child is born in Portugal, it is mandatory to register the birth with the Civil Registry Office. The following documents are required for the registration process:

1. Birth certificate from the hospital where the child was born;
2. Parents’ identification documents;
3. If applicable, a marriage certificate or proof of legal partnership.

Portuguese Nationality Law, as outlined in Law no. 37/81 of October 3rd, has undergone several amendments. A child’s right to Portuguese citizenship is dependent on specific conditions. According to article 1, no. 1, e), f), and g), a child born in Portugal to foreign parents can obtain Portuguese nationality if:

• At least one parent was born in Portugal and was residing here, regardless of having a residence title, at the time of the child’s birth;
• At least one parent has been legally residing in Portugal, or has resided here, regardless of residence title, for at least one year before the child’s birth;
• The child would otherwise be stateless if not granted Portuguese citizenship.

This provides a significant opportunity for children of foreign nationals residing in Portugal. Notably, Portuguese nationality law does not require parents to hold permanent residence status.

If the parents do not meet the residency requirements, the child can still apply for Portuguese citizenship later through the naturalisation process. Article 6, no. 2 of Portuguese nationality law establishes that the Government grants Portuguese citizenship by naturalisation to minors born in Portugal, provided that, at the time of the application, they meet one of the following conditions:

1. One parent has resided in Portugal, regardless of residence title, for at least five years immediately preceding the citizenship application;
2. One parent holds legal residence in Portugal;
3. The minor has attended at least one year of pre-school, primary, secondary, or vocational education in Portugal.
   

While the birth of a child in Portugal does not automatically confer nationality upon the parents, there are pathways for parents to acquire Portuguese citizenship or a residence permit.

Foreign nationals and parents of a child who holds Portuguese citizenship may apply for Portuguese nationality. However, this process is not automatic and requires evaluation by the Portuguese competent authorities. Article 6, no. 8 of Law no. 37/81, of October 3rd, states that the Government may grant Portuguese citizenship by naturalisation to parents of Portuguese citizens who have been residing in Portugal, regardless of holding a residence title, for five years prior to the application, provided that filiation was established at the time of the child’s birth.

For parents not yet eligible for Portuguese citizenship, the law provides an option to apply for a residence permit if the child is a Portuguese citizen. According to article 122, no. 1, k), of Law no. 23/2007, of July 4th, parents may apply for a residence permit if they meet the following requirements:

• Have minor children resident in Portugal or with Portuguese nationality;
• Over whom they effectively have parental responsibilities, ensuring support and education.

This residence permit grants the parent legal residency rights in Portugal, including the right to live and work. Over time, continued legal residence may open further opportunities, such as applying for Portuguese citizenship.