Portuguese Citizenship by Birth in Portugal

Birth in Portugal Is Not Automatic Citizenship

Portugal does not follow the principle of unconditional jus soli (citizenship by birthplace alone). Simply being born on Portuguese territory does not make a child Portuguese. This is a common misconception among immigrant families.

Portuguese nationality law is primarily based on jus sanguinis (citizenship by blood) — children of Portuguese citizens are Portuguese regardless of where they are born. For children of foreign parents born in Portugal, additional conditions must be met before the child can acquire Portuguese nationality.

Children of Portuguese Parents

Children born to at least one Portuguese parent are Portuguese citizens from birth, regardless of where in the world they are born. This applies automatically and does not depend on parental residence in Portugal. However, to formally register the child's nationality, the parents must:

• Register the birth at a Portuguese civil registry office (conservatória) or Portuguese consulate
• Provide proof of the Portuguese parent's nationality

This is the most straightforward path and does not involve any residence requirements or declarations.

Children of Foreign Parents Born in Portugal

Under Article 1 of the current Nationality Law (as amended by Lei Orgânica n.º 1/2026), a child born in Portugal to foreign parents can acquire Portuguese nationality if at least one parent has had legal residence in Portugal for at least 5 years at the time of the child's birth.

The 5-Year Parental Residence Rule

The 2026 law change increased the required parental residence period from 1 year to 5 years. This means the parent must have held a valid residence permit (autorização de residência) for at least 5 full years before the child's birth. Time spent on tourist visas, student visas, or while awaiting a permit decision may not count toward this requirement.

If you are planning to have a child in Portugal and want them to be eligible for Portuguese nationality at birth, ensure that at least one parent has held legal residence for the required period. If you do not yet have a residence permit, see our Residence Permit Guide.

Express Declaration Requirement

Even when the 5-year residence condition is met, Portuguese nationality is not granted automatically. The parents must make an express declaration (declaração) stating their wish for the child to acquire Portuguese nationality. This declaration is made at the civil registry office where the birth is registered.

Without this declaration, the child will be registered only with the nationality of the parents, not as Portuguese.

Preventing Statelessness

Portuguese law contains a safeguard against statelessness. If a child is born in Portugal and would otherwise be stateless (i.e., the child does not acquire any nationality through the parents), the child is Portuguese from birth. This applies when:

• The parents are stateless or their nationality cannot be transmitted to the child under the laws of their country
• The child would not acquire any nationality through any other means

This provision exists to comply with international conventions on the prevention of statelessness and applies regardless of the parental residence period.

How to Make the Declaration

The declaration of Portuguese nationality for a child born in Portugal to qualifying foreign parents is made at the civil registry office (conservatória) where the birth is registered. The process typically involves:

1. Register the birth — All births in Portugal must be registered at the local civil registry office within 20 days
2. Present the required documents — Bring proof of the parent's legal residence for 5 or more years, along with the other documents listed below
3. Make the declaration — The qualifying parent signs a formal declaration expressing the wish for the child to be Portuguese
4. Pay the applicable fee — Check the current fee with the registry office or on ePortugal

The declaration can also be made after birth registration, at any time, if the conditions were met at the time of birth. There is no deadline for making the declaration, but it is best to do it as soon as possible to avoid complications.

Documents You Will Need

The following documents are typically required when declaring Portuguese nationality for a child born in Portugal:

• Child's birth certificate — issued by the Portuguese civil registry
• Parent's valid residence permit — showing at least 5 years of legal residence at the time of the child's birth
• Parent's passport — valid identification document
• Parent's criminal record certificate — from Portugal and from the country of origin (with apostille and certified Portuguese translation)
• Parent's birth certificate — with apostille and certified Portuguese translation if not in Portuguese
• Proof of residence history — additional documentation of residence continuity if requested by the registrar

For a comprehensive checklist applicable to all nationality routes, see our Required Documents Guide.

Minors Who Completed Primary School in Portugal

The Nationality Law also provides a separate route for foreign children who did not qualify for nationality at birth but have since been living and studying in Portugal. Under this provision, a minor born in Portugal to foreign parents who has completed at least one cycle of basic education (1.º ciclo do ensino básico) in Portugal may acquire nationality by declaration.

This route is designed for children who were born in Portugal before their parents met the residence threshold, or when the parents chose not to make the declaration at birth. It recognises the child's integration into Portuguese society through education.

Common Questions

Is my child automatically Portuguese if born in Portugal?

No. Birth in Portugal alone does not make a child Portuguese. At least one parent must have had 5 years of legal residence in Portugal at the time of birth, and the parents must make a formal declaration. Children of Portuguese parents are Portuguese from birth regardless of where they are born.

What if I had only 3 years of residence when my child was born?

Under the current law (since 19 May 2026), the requirement is 5 years. If you did not meet the 5-year threshold at the time of birth, the child may still be able to acquire nationality later — for example, through the education route (completing primary school in Portugal) or when you yourself become a Portuguese citizen.

Can I make the declaration years after my child was born?

Yes. There is no statutory deadline for making the declaration, provided the conditions (5 years of parental legal residence) were met at the time of the child's birth. However, the longer you wait, the more difficult it may be to gather the necessary documents.

What if both parents are foreign but one is from a CPLP country?

The parent's nationality (CPLP or otherwise) does not change the 5-year residence requirement for the child's birth-based nationality claim. The CPLP distinction affects the parent's own naturalisation pathway (7 years instead of 10), but the child's eligibility under Article 1 depends only on the parent's legal residence duration.

My child was born before 19 May 2026. Which rules apply?

The rules that were in force at the time of the child's birth apply to the child's eligibility. If your child was born before 19 May 2026, the previous residence requirement (1 year) applies. If an application was pending on that date, it continues under the previous law.