Guidance

Spain: Knowledge Base profile

Updated 9 April 2024

Version 4.0

About: Spain

This document contains useful information about Spain which will assist HM Passport Office staff process passport applications.

Contacts

If you have any questions about the document and your line manager or senior caseworker cannot help you or you think that the document has factual errors then email the Guidance team.

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Publication

Below is information on when this version of the document was published:

• version 4.0

• published for Home Office staff on 9 April 2024

Changes from last version of this document

This guidance has been updated with minor formatting changes.

Spain: names

This section gives HM Passport Office operational staff information about names in Spain.

Names in Spain consist of:

• up to 2 forenames (some Registry Offices may allow one of the forenames to be hyphenated)

• a surname, containing both the father and mother’s first surname

Spain has a naming convention known as a Hispanic naming convention. A child’s surname must contain both the father’s and mother’s first surname. This is usually the father’s surname first followed by the mother’s but the parents can choose to have the surnames in any order. The customer cannot drop a surname or add a hyphen to their surname.

When both parents are not Spanish the Registry Officer may follow the law of the parents’ country, this means the child could have a single surname.

If the father is not known or the father does not recognise the child, the surname will be the same as the mother’s or will be her paternal surname twice.

Since 8 July 1994 parents are able to register children with foreign (non-Spanish names) versions of their forename. Before 8 July 1994 all forenames had to be translated into Spanish.

The name shown on the birth registration (the Certificado Literal) is the name used for all official purposes.

Change of name

Name changes are allowed in Spain.

If a child is registered without a father’s surname and paternity is confirmed later the child’s name can be changed to include the father’s name as the first or second surname of the child.

Married women normally retain their own surnames. In some cases they add their husband’s first surname to their first surname using the word ‘de’, for example, Carmen Pérez Rodriguez marrying Juan García López, would become Carmen Pérez de García.

Name alignment

Where the variation in name is due to the Spain naming convention HM Passport Office will not ask the customer to align their foreign documents.

Where the applicant has changed their name in a way which is completely different from that recorded in their Spain passport the customer must approach the foreign authorities to align their documents. For example, full name change, first name change, surname does not match any element noted in the Spain passport.

Where a person is no longer resident in Spain a change of name can be done at the Spain Consulate where the person is resident.

If the person is a minor (under the age of 18 in the law of Spain) both parents will need to sign the application to support the change of name.

Spain: nationality

This section gives HM Passport Office operational staff information about nationality in Spain.

Spain allows dual nationality with a small number of countries. These include:

• countries in America where Spanish or Portuguese is the official language

• the Philippines

• Equatorial Guinea

• Puerto Rico

• Portugal

• Andorra

A person who previously renounced their Spanish nationality can regain it.

Spain: legitimacy and parental responsibility

This section gives HM Passport Office operational staff information about legitimacy and parental responsibility in Spain.

Legitimacy

Since 27 December 1978, Spain does not recognise a difference between legitimate and illegitimate births. All children born on or after this date are considered legitimate from birth, whether a child’s parents are married or not.

Parental responsibility

Both parents share parental responsibility when they are married. If the child’s parents have never married and both are named on the birth certificate they will share parental responsibility. If the parents divorce or separate, parental responsibility is determined:

• at the request of both parents, in a Regulating Agreement (convenio regulado), which must be approved by the courts

• by a court decision if the parents cannot decide who will have parental responsibility

Spain: adoption

This section gives HM Passport Office operational staff information about adoption in Spain.

Adoption is legal in Spain.

Adoptive parents must be residents of Spain and remain in the country for the duration of the adoption proceedings.

International adoptions are prohibited from certain countries, decided by the Cross-regional Committee.

Spain: surrogacy

This section gives HM Passport Office operational staff information about surrogacy in Spain.

Surrogacy is illegal in Spain.

Judicial authorisation must be received for children born through surrogacy arrangements outside of Spain to be registered in the country.

Spain: gender recognition

This section gives HM Passport Office operational staff information about gender recognition in Spain.

Transgender citizens are recognised in Spain. They can state the gender of choice on their documents and can adapt their name on their birth certificate to match the gender.

Spain: civil partnerships and marriage

This section gives HM Passport Office operational staff information about civil partnerships in Spain.

Same sex marriages have been legal in Spain since 2005.

Recognised registered partnerships between same sex and opposite sex couples are also recognised in some regions. These are known as a Pareja de Hecho. A Pareja de Hecho does not alter the person’s marital status, therefore it does not need to be cancelled to marry.

There are both religious and civil marriages in Spain.

Spain: documents

This section gives HM Passport Office operational staff information about documents from Spain.

Following the withdrawal of the UK from the EU, HM Passport Office cannot accept Multilingual Standard Forms (MSFs) issued by member states. An MSF will:

• contain a reference to the convention signed at Vienna on September 8 1976, this may be on the reverse of the document

• be marked as a Formul A (birth certificate), normally in the top right corner on the front of the document in the language of the country where the document was issued

  • there will also be marriage certificates and death certificates that will have a different Formul version that is also not acceptable

These documents are an extract of a civil registration record translated into the language needed and not a full, original certificate.

Birth certificates

All births are registered in Spain. A birth in Spain is usually registered in the local registry where the parents of the child are residents, which may not be the same place where the child was born. The place of birth for the Spanish authorities is the place where the child was registered and not where the child was born.

Births registration must happen:

• after the first 24 hours; and,

• on or before the 8th day

• before 30 days, if there are exceptional circumstances

• through a process known as Fuera de Plazo if registration does not happen with 30 days

Spain issues 2 types of birth certificates:

• Extract (Nacimiento), similar to a UK short birth certificate (not acceptable for HM Passport Office purposes)

• Literal, (known as a ‘Certificacion Literal’) (acceptable for HM Passport Office purposes), the Certificacion Literal contains:

  • name

  • surnames

  • date of birth

  • name of the parents

  • name of the grandparents

  • the hospital where the child was born

  • the marital status of the parents

  • any other marginal notes that affect that person (for example, amendments)

A digital copy of the ‘Certificacion Literal’ is also available, Barcelona and Madrid only issue the digital versions. (Other regions of Spain are in the process of moving to a digital documents).

If other guidance tells you to, you can verify digital certificates on the Spanish Ministry of Justice online portal. This is done by entering the Secure Verification Code (SVC) and date of issue shown on the certificate where the boxes tell you to when you open the portal.

Copies of birth certificates can be obtained. There are some certificates exceptions, and there are some certificates that will require a special authorisation and will only be given to a person who has a legitimate interest. These cases are as follows:

• adoption

• change of name of “Exposito”, which were previously given to children who had not been recognised by the father

• change of gender

Marriage certificates

All marriages in Spain must be registered with the Civil Registry to be legal.

Marriages in Spain:

• are automatically recorded if they take place in:

  • the Registry Office or Town Hall

  • a Roman Catholic church

• that are celebrated in any other religion must be registered by the person who conducted the marriage at the Civil Registry where the marriage took place

Legal Spanish marriage documents are:

• a “Libro de Familia” (Family Book) issued by the Registry Office or Town Hall following a civil marriage. These show:

  • names of the husband and wife

  • date of marriage

  • details of the Registration (Book, entry No and date of registration)

• an ecclesiastical marriage certificate issued by the Roman Catholic church

• a civil marriage certificate known as an ‘Extract’ that includes the name and surnames of the couple, date of marriage and place of marriage. There are three types of extracts:

  • Ordinary: issued in Spanish only

  • International: for those countries signatories of the Vienna Convention 08/09/1976 (this is not acceptable for passport purposes)

  • Bilingual: issued in those regions that have another official language such as Catalonia

• a civil marriage certificate known as a ‘Literal’ that includes the names and surnames of the couple, the date of marriage, marital status of the couple, and in marginal notes any other information that affects that marriage such as legal separation, divorce, nullity of the marriage

Death certificates

Spain issues 2 types of death certificates:

• Extract, showing name and surnames, date of death

• Literal, showing all the details of the death: name and surnames, date of death, place of death

Identity documents

A citizen of Spain is issued with a Documento nacional de identidad (DNI) or carné de identidad. It is a laminated card or polycarbonate, and it shows:

• the forename of the person

• surnames of the person

• date of birth

• parents

• sex

• residential address

• city and province of birth

• photo

• identification number consisting of 8 digits plus a control letter

Since 2007, all new DNI issued or renewed are electronic identity cards and are called “electronic DNI” or DNIe.

Foreign nationals in Spain are issued with a Número de identificación de extranjero (NIE) or Foreign Identification Number within 3 months of entry into Spain at the Oficina de Extranjeros in their province of residence at designated Police stations.

Foreign nationals are no longer issued with a residence card with a printed photograph. Instead they receive an A4 printed Residence Certificate stating their name, address, nationality, NIE number and date of registration.