What special considerations does the oath of nationality for minors entail?
Following the reform introduced by Law 6/2021 of April, the possibility is introduced for declarations of intent related to the acquisition of Spanish nationality by residence to be made before a Notary. In a previous article, we explained What the oath of Spanish nationality is and how to process it.
On this occasion, we want to address the question of whether minors take the oath and refer to the processing of the acquisition of Spanish nationality by residence of minors before a Notary in Barcelona.
Do minors take the oath of nationality? What should be known about the oath of nationality for minors?
We explain the requirements for Spanish nationality in minors:
Acquisition of Spanish nationality by residence in the case of minors under 14 years of age
In the case of minors under 14 years of age, unlike adults and even minors (over 14 years and up to 17 years), the taking of the Oath or promise of nationality is not applicable, as it is considered a highly personal act, and it is not appropriate for minors under 14 years to perform it, nor for their legal representatives (commonly parents but also guardians). It is also not appropriate for parents to declare on behalf of the minor the renunciation of the nationality of origin under article 23 sections a) and b) of the Spanish Civil Code, nor is there a requirement to swear or promise allegiance to the King and to the Constitution and the Laws.
However, this does not mean that minors under 14 years cannot acquire Spanish nationality by residence, but rather that the parents will grant before a Notary a public deed of acceptance of the nationality granted to the minor, and will also state the names and surnames with which the minor will be registered in the competent Civil Registry and the option for the corresponding civil residence.
Acquisition of Spanish nationality for those over 14 years old by residence
In the cases referred to, those over 14 years old must appear before a Notary of their choice, but also assisted by their parents at the act of granting the deed, as it is considered a very personal act that they can carry out themselves. Those over 14 years old proceed to swear or promise allegiance to the King and to the Constitution and the Laws, choose their civil residence, renounce or not their previous nationality, and even state the name(s) and surname(s) with which the registration as a Spanish national in the Civil Registry is made, but unlike adults, they must appear accompanied by their parents or guardians, as mentioned, and must sign together with the interested party.
More frequently asked questions about the nationality oath for minors
Before which Notary do I process my file and in which Civil Registry must it be submitted?
One of the modifications introduced by the Instruction of 22 December 2021 is related to determining and limiting the jurisdiction of the Notary who, as we have already discussed in our previous article, is contrary to the right recognised in art. 3 of the Notarial Regulation.
For this reason, for the processing of files related to minors, the competent Notary will be the one at the domicile in Spain of the applicant appearing in the grant resolution. If the domicile has changed, the competent Notary will be the one at the latter, but this must be proven by means of a current certificate of registration indicating the length of residence. This means that at JLA Notarios and our notary office in Barcelona, we are only competent in cases of applicants domiciled in the city of Barcelona.
As for the Civil Registry, the Oath or consent - as appropriate - must be registered in the Civil Registry of the domicile stated in the resolution communicated to the interested party, with one exception: if they provide a certificate of registration with a registration date prior to the date of the resolution. However, as we have previously stated and directly linked to our notarial jurisdiction, the competent Civil Registry will be that of Barcelona.
Nevertheless, once signed by the client, the Notary's office takes care of sending a copy of the granted document to the competent Civil Registry, so the client does not have to worry about this, usually by ordinary mail until the electronic route is enabled.
You can read about the procedures to be carried out after the oath here:
What is civil cohabitation and which one should I choose?
As we addressed in the previous article, civil neighbourhood is a condition or civil status that every Spanish citizen possesses by being a national and being assigned to a specific territory. Through this, the individual's subjection to the common civil legislation, which is the general one in Spain, or to the special or regional legislation of those Autonomous Communities that have their own civil rules is determined.
With the acquisition of Spanish nationality, a certain civil neighbourhood is acquired, which is chosen at the time of the nationality oath or the consent or authorisation of both parents. The choice must be related to the applicant's circumstances, which must be proven, and it can be one of the following:
- The one corresponding to the place of residence, this being the most common and which is evidenced by registration on the local census.
- The one of the place of birth, which will be evidenced with the same birth certificate provided, which in the case of minors is very common as they have been born on Spanish territory.
- The last civil neighbourhood of either of their parents or adoptive parents, which must be proven by means of the document or certificate that accredits the nationality and civil neighbourhood of the parents.
Can minors renounce their nationality of origin?
As previously stated, in the case of minors under 14 years of age, their parents or guardians may not renounce the minor's original nationality, whereas minors over 14 years of age, who do appear in their own name and right and assisted by their parents or guardians, may choose to renounce or not their original nationality depending on the exceptions provided for in Spanish laws and the bilateral treaties that Spain has signed with other States regarding the non-obligation to renounce the original nationality.
In any case, renunciation of the original nationality is not applicable for citizens nationals of Andorra, the Philippines, Equatorial Guinea, Portugal or Ibero-American countries (including Brazil and with the exception of those South American countries with Anglo-Saxon or French traditions, such as Haiti, Trinidad and Tobago, Jamaica, Guyana or Belize). Sephardim are also not required to renounce their previous nationality. Pending is the entry into force of the double nationality agreement between France and Spain, which, if ratified, will also exempt French nationals from having to renounce their nationality.
A very important issue is the choice of the first names and surnames of minors.
As we have previously addressed, it is essential that the public deed records the first name and surnames with which the applicant wishes to be registered in the Civil Registry. To do so, the rules contained in the Civil Code, the Civil Registry Law and its Regulations, and especially the Instruction of the DGRN of 23 May 2007 must be followed. Therefore, minors must also be registered with their first names and two surnames (from the father and the mother in that order or vice versa).
What documentation must I provide?
For the procedure of Oath or Parental Consent, the following documents are required:
- Resolution granting nationality, which includes the basic details of the applicant and the CSV (secure verification code), to verify the authenticity of the document.
- The certificate of registration, generally, or the one that determines civil residence, as previously explained.
- The original birth certificate of the minor, which is essential for the procedure and certifies parentage and therefore is valid to exercise legal representation.
- Family Book, which by its submission certifies parentage and therefore will be fully valid to exercise legal representation.
- Annex I, which must be submitted completed and signed. This document, included in the Instruction, is provided by the notary and can be completed on the same day. It states the name and order of the surnames.
If you are interested, you can also find out the documents that adults need for the oath at this link:
It is important to clarify that the birth certificate must be provided in original and duly translated and apostilled or legalised, if necessary.
Check what said apostille means here:
How much does the nationality oath for minors cost?
The approximate cost of the procedure is determined by the notarial fee set by law, and it has an approximate cost of 100 to 150 euros, which includes its submission to the corresponding Civil Registry, although it may increase depending on the number of documents attached and the pages they contain.
Oath of Nationality by Residence for Minors at a Notary's Office
We hope that the article has been helpful to those who are in the process of obtaining Spanish nationality for minors. You can consult all the complete information about this notarial service on our page of Nationality Oath at the Notary in Barcelona
If you are interested in processing the nationality oath for minors or for yourself, do not hesitate to get in contact with us. JLA is an online notary, but also based in Barcelona, with Notaries specialised in Oaths.
