Portuguese Citizenship by Birth

Portugal implemented a birthright citizenship law, also called New Jus Soli, on November 11th, 2020. Diário da Republica, the official newsletter of the Portuguese government, published the amended nationality law following President de Sousa’s proclamation.

The following are the eligibility requirements to acquire citizenship by birth:

• Any child born in Portugal automatically becomes a citizen if at least one parent is a Portuguese citizen.
• People born in the country to non-citizens also get Portuguese citizenship at birth if at least one parent lived in Portugal for at least a year before the delivery or if the person was born in Portugal and lived there at the time of birth.
• Children born in the country but don’t have a home country automatically become Portuguese citizens.

This opportunity will be available even to foreign residents who only spent seven days in Portugal during their first year (as the physical presence rules require).

Because of legislation, Portugal’s Residency by Investment program will become the only European Union scheme allowing foreigners to acquire Portuguese citizenship by birth for their children without having to reside in the country for an extended period.

According to the Portuguese Nationality Act, Portuguese by origin, as opposed to Portuguese citizens by birth, are:

• The children of a Portuguese mother or father born in Portuguese territory;
• The children of a Portuguese mother or father born abroad if the Portuguese parent is there serving the Portuguese State;
• The children of a Portuguese mother or father born abroad if their birth is registered in the Portuguese civil registry or if they declare that they want to be Portuguese.

Unless proven otherwise, newly-born infants found abandoned in Portugal are presumed to have been born on Portuguese territory.

To understand this type of citizenship for Portugal better, speak to one of our legal experts today by calling: +1 844 290 6312

Both parents must go to the Consulate in person if they want their children to acquire Portuguese citizenship and sign the birth certificate. This is true even if one parent is not a Portuguese national.

Before a child can obtain Portuguese citizenship, the parents must be registered at the Consulate and, if they are married, their marriage must be registered in Portugal.

The following documents are required:

1. Child’s birth certificate (long form containing all relevant information about the birth);
2. Portuguese passport, birth certificate proof, or identification card of Portuguese parent(s);
3. Non-Portuguese parent’s birth certificate (legalized by apostille by the Government of the country of birth).

All documents other than French, Spanish, and English must be officially translated into the Portuguese language. Birth certificate translation, legalization fee, and a notarized copy of passport are required for registrations after 14.

The first step is for the parents to register their marriage in the Portuguese civil registry. The parents must then register the child’s birth with the same agency. It takes more than a year to finish the process.

The following documents must be part of the citizenship application, and the Portuguese government will charge a fee for each:

1. Birth certificate of the Portuguese parent;
2. Birth certificate of the non-Portuguese parent with an apostille;
3. Marriage certificate with an apostille;
4. Birth certificate of the minor with an apostille;
5. Passports of both parents and the child.

Children born outside of Portugal to one or both Portuguese parents have the right to be a Portuguese national.

Send applications for Portuguese citizenship to the closest Portuguese Consulate, where they will be processed and shipped to the Conservatória dos Registos Centrais in Lisbon. Registration will be processed there.

The following documents must also be submitted for the Portuguese parent(s):

1. The marriage of the parents must be acknowledged on the birth certificate.
   • If the parents are married abroad, and the union has not yet been registered in Portugal, the Consulate must register the marriage before the child can apply for Portuguese nationality.
   • If the marriage took place in the United States, the marriage must be registered in the civil registry system of Portugal regardless of the child’s age.
2. If the applicant’s parents were not married at the time of his or her birth, they must sign a statement confirming paternity while the applicant is still a minor.
3. Both parents’ birth certificates
   • For parents born outside the USA, the birth certificate must be authenticated by the Apostille or Consulate of Portugal in the respective country.