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1. Starting with the Constitution
The democratic Constitution of Spain from 1978 states in article 11 that
- Spanish nationality is gained, maintained and lost in accordance with the law.
- that the State may enter into agreements on double nationality with Latin American countries or such countries that have had special relations with Spain.
The details are spelled out in the Codigo Civil (Civil Law). In article 17 it is explained who are Spanish citizens:
- those who have a Spanish mother or father
- those born in Spain by foreign parents, if at least one of the parents was born in Spain (exceptions to this rule are children of diplomatic or consular personnel stationed in Spain)
- those born in Spain whose parents cannot be ascertained (the law contains more details on this).
Then in article 18 it is said that if a person has had Spanish nationality in good faith for 10 years, inscribed in the Civil Registry, he has consolidated his right to this nationality, even if the evidence that led to the inscription is later cancelled.
A person of less than 18 years adopted by a Spanish citizen will become Spanish from the moment of adoption. If the adopted person is more than 18 years, he may opt for the Spanish citizenship within 2 years of adoption (article 19 of the same law). Also, someone who had a Spanish citizen as their legal guardian, under certain conditions may obtain Spanish citizenship (article 20).
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