Many people have asked us if it is possible to apply for Spanish nationality through the Law of Democratic Memory if they are great-grandchildren of an original Spanish citizen, and their grandfather has passed away without registering in a Spanish civil registry..
The answer to this question is YES, it is possible to do so through post mortem registration.
This process can be carried out through a legitimate legitimate relativei.e. a descendant of the deceased Spanish citizen, for example (child, grandchild, etc.), or through an attorney-in-fact.
According to the Regulations of the Public Registry Law there is no statute of limitations for the late registration of a birth before the corresponding Civil Registrar.
How do I do the post mortem registration?
It is necessary to file an application to initiate the governmental file.
Where do I apply?
The application is made at the Civil Registry of the locality where the Spanish citizen was born. If he/she was born abroad, at the Spanish Consulate with territorial jurisdiction in that foreign locality. Although it can also be filed at the Central Registry in Madrid.
What are the requirements for post mortem registration?
- I must prove that there is no previous birth registration, for example, a certificate from the Spanish consulate.
- I must prove that the birth occurred. If the Spaniard was born abroad there must be an inscription in the corresponding civil registry.
- It must demonstrate that at the moment of the birth of the interested party, his father conserved the Spanish nationality. It will be necessary therefore the Spanish birth registration of the father - mother and a certification of the foreign country that accredits that he did not acquire the nationality of this country.
We must remember that before 1976, a Spanish citizen who acquired another nationality automatically lost the Spanish nationality, and that the mother did not transmit the nationality to her children.
What are the advantages of a post mortem registration?
Upon obtaining the posthumous birth registration, it is possible to apply for Spanish nationality under the Law of Democratic Memory (in this case for the great-grandchild of the original Spanish citizen).
