Portuguese Citizenship for Newborns: How to Register and What Parents Need to Know

Understanding how the registration process works in Portugal is essential for expat families or foreign parents looking to register a child born in Portuguese territory and explore options for Portuguese citizenship.

Introduction: 

If you are a foreign parent living in Portugal and recently welcomed a newborn, you might be wondering whether your child qualifies for Portuguese citizenship, and what that means for your own legal status. In this guide, we’ll explain how the registration process works, which legal paths are available, and what steps you need to take to secure your family’s future in Portugal.

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When a child is born in Portugal, parents must register the birth through the Civil Registry (Instituto dos Registos e Notariado – IRN), which is free of charge and can be done either online or in person.

The documents required to register a newborn in Portugal are:



• A birth certificate is issued by the hospital where the child was born.
• Parents’ identification documents.
• If applicable, a marriage certificate or proof of legal partnership.
  

To provide accurate guidance to the reader, reference must be made to Portuguese legislation. In this context, we refer to the Portuguese Nationality Law, formally known as Law No. 37/81 of 3 October, which has undergone several amendments.

Regarding the right of a child born in Portugal to acquire Portuguese citizenship, this will depend on specific conditions. According to Article 1, No. 1, e), f) and g), a child of foreign parents born in Portugal may obtain Portuguese citizenship if:

• At least one parent was born in Portugal and was residing here, regardless of possessing a residence permit, at the time of the child’s birth.
• At least one parent has been legally residing in Portugal, or has lived here, regardless of residence status, for at least one year before the child’s birth. (Note: This provision may be revoked in September 2025 under the proposed amendment to the nationality law, which would increase the required period of residence to three years.)
• Be stateless if not granted Portuguese citizenship.

As outlined in Portuguese law, children born in Portugal to foreign nationals have significant opportunities to acquire Portuguese citizenship. Notably, Portuguese nationality law does not require parents to hold permanent residence status.

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In a scenario where the expat parent does not meet the residency requirements, Portuguese citizenship may still be granted later through the naturalisation route outlined in Portuguese nationality law. 

This path is outlined in Article 6, No. 2 of the Portuguese Nationality Law (Law No. 37/81 of 3 October), which provides that minors born in Portugal may acquire Portuguese citizenship through naturalisation. To be eligible for Portuguese citizenship upon application, one of the following requirements must be met:

• One parent has lived in Portugal, irrespective of residence status, for at least five years immediately before the citizenship application.
• One parent holds legal residence in Portugal.
• The minor has attended at least one year of pre-school, primary, secondary, or vocational education in Portugal.
  

Expat parents whose child was born in Portugal do not automatically acquire Portuguese citizenship. However, there are several alternative routes available for parents to obtain Portuguese citizenship or a residence permit. These options are especially relevant for expat families planning to settle in Portugal long-term. 

As a foreign national with a child who holds Portuguese citizenship, you may apply for Portuguese citizenship yourself. It is important to note that this is not an automatic entitlement and is subject to assessment by the relevant Portuguese authorities.

Obtaining Portuguese citizenship as a parent is provided for in Article 6, No. 8 of Law No. 37/81 of 3 October, which allows foreign parents of Portuguese citizens to apply for citizenship through the naturalisation route who have resided in Portugal for at least five years before the application, irrespective of holding a residence permit, provided that filiation was established at the time of the child’s birth.

When the expat parents of a Portuguese child do not fulfil the requirements previously outlined to hold Portuguese citizenship, the Portuguese law offers an alternative path for these expats to have a residence permit. This alternative option is defined in Article 122, No. 1, k) of Law No. 23/2007 of 4 July. For the parent to acquire a Portuguese residence permit, they need to meet the following requirements:

• Have minor children who are either resident in Portugal or hold Portuguese citizenship.
• Exercise effective parental responsibilities, including the provision of support and access to education.

This option allows the parents of a child born in Portugal to reside in the country, and the residence permit grants foreign parents the opportunity to live and work in Portugal.



After a certain period, a foreign parent with continuous legal residence may gain further opportunities, including the ability to apply for Portuguese citizenship.

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To summarise, a child born in Portugal to expat or foreign parents may acquire Portuguese citizenship under certain conditions, most notably if one of the foreign parents has been residing legally in Portuguese territory. If the requirements are not fulfilled at birth, the child may still become eligible for citizenship later through the naturalisation process.

Foreign parents also have access to multiple pathways for obtaining Portuguese citizenship and residence permits. It is advisable to consult with legal experts specialising in immigration and nationality law in Portugal.

Not always. While some children born in Portugal can acquire citizenship at birth, it depends on factors like the parents’ residency status and time spent in the country.

No, Portuguese law allows children to acquire citizenship even if the parents don’t hold a residence permit, under certain conditions.

Yes. Parents of a Portuguese child may apply for citizenship through naturalisation if they have resided in Portugal for at least five years, even without a residence permit.

In that case, the child may still apply for Portuguese citizenship later via the naturalisation route, especially if they study in Portugal or if the parents meet certain residency conditions.

Yes. Portuguese law offers a residence permit option for parents who actively care for a child who is either a legal resident or a Portuguese citizen.

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