Born in Portugal: When Children of Foreign Parents Qualify for Portuguese Nationality

Portugal has a large global presence and a long history of migration. Not only do many Portuguese move abroad seeking new opportunities, but Portugal’s former overseas territories and the country’s attractions - climate, safety, relaxed lifestyle, varied visa options and a dynamic economy - have drawn many foreign nationals to settle in the country: some only temporarily (for work, volunteering, sport or study), while others choose to make their lives here long-term, whether to retire or to pursue the country’s professional, academic and lifestyle opportunities.

Some families arrive with full residence permits; others live here temporarily on visas or even before regularising their status. Because the route to citizenship by residence normally requires several years of legal stay and can take time to complete, children are frequently born in Portugal while their parents’ immigration situation is still being resolved.

That raises a practical question: can a child born in Portugal to foreign parents -whether those parents held legal residence at the time or not - acquire Portuguese nationality, and if so, under what conditions?

Birth in Portugal does not automatically equal Portuguese nationality: the decisive question is what was true about the parents on the day the child was born. Under Article 1(1)(f) of the Nationality Law (Lei n.º 37/81), as shaped by the recent organic-law reforms and implemented by the Nationality Regulation (DL No. 237-A/2006), a child born on Portuguese soil acquires nationality at birth only where two conditions are satisfied at the date of birth - the parents were in Portugal but not “at the service of their State” (the diplomatic/service exclusion), and at least one parent had legal residence in Portugal or had been present in Portugal for at least a continuous year. Those are factual tests: what matters is the parental situation at birth, not the child’s later age or current residence abroad.

Practically, many eligible cases fail to manifest on first inspection because older birth entries simply omit the parental facts now required by law. The procedural remedy is an updated annotation of the birth entry (averbamento) requested at a Civil Registry Office (Conservatória do Registo Civil). IRN’s (Instituto dos Registos e do Notariado) guidance OT 07/CD/2021 explains the registries’ approach: the applicant files a written request identifying the birth entry and supplies contemporaneous proof that the parental criteria were met on the birth date.

Proof that the child was born in Portugal is a straightforward process, which begins with securing the proper documentation attesting this fact from the Civil Registry Office where the birth was recorded. This documentation will be the basis of any subsequent request to correct or update the civil register.

Regarding the parents’ status at the time of the child’s birth, two factual routes can give rise to Portuguese nationality under Article 1(1)(f): either at least one parent had lawful residence in Portugal on the relevant date, or at least one parent had been physically present in Portugal continuously for one year immediately before the birth. To be clear, both situations may lead to recognition of nationality, although the evidential approach differs depending on the different scenarios. It is also important to note that the nationality regime is currently under parliamentary review, and there is a proposal to extend the present one-year presence requirement to three years; that proposal has not been enacted, and the analysis above reflects the law in force.

If one parent was legally resident in Portugal at the date of the birth, the applicant must prove that fact with evidence showing the parent’s lawful status at that time, with documents that, under the law then in force, established legal residence. Crucially, an application may be made many years later: it is the parent’s status on the birth date that matters, even if the particular type of authorisation is no longer issued today.

If, by contrast, a parent did not hold formal legal residence at the time of the birth, the case depends on assembling a convincing chronological bundle of contemporaneous documents that demonstrate continuous presence for at least one year prior to the birth. In this case, registries will look for a chain of dated evidence - using documents such as rental agreements, utility bills, bank statements, etc. - to show physical presence, together with a short chronology tying each item to 12 months before birth.

To avoid any confusion, if the parents did not have legal residence at the time of the birth, it is still possible to apply for nationality, but the applicant must prove that at least one parent had been physically present in Portugal for the year immediately preceding the birth, using contemporaneous evidence. Official records carry the most weight, but where such records are unavailable, a carefully drafted declaration on honour by the parent may bridge gaps, which will always remain subject to the authorities’ discretion.

The second element is the service-of-State exclusion: parents may have been in Portugal “at the service of their State.” In practical terms, this means parents who were acting in an official, governmental capacity for a foreign State - for example, accredited diplomats and consular officers, embassy or consular staff with diplomatic status, certain military or defence personnel posted abroad, officials seconded by a foreign government, or other people exercising sovereign public functions on behalf of their State. By contrast, private-sector employees, independent contractors or ordinary residents working for foreign companies are not typically regarded as “at the service of their State.” If a parent falls within the exclusion, the Article 1(1)(f) route is closed.

The clearest way to resolve the issue is an administrative confirmation from the competent authority (AIMA - Agência para a Integração Migrações e Asilo or the relevant ministry) that the parent was not serving a foreign State on the birth date, but such certificates can be difficult to obtain, and local practice varies.

It is also important to highlight that in the case of applicants who are minors, registries sometimes proceed without formal proof - but ultimately, the director of the Civil Registry Office (Conservador) assesses the file as a whole and will decide how to treat the service-of-State question in the context of the available evidence.

If the Conservador is satisfied, the IRN will enter an averbamento updating the civil register; that annotation confirms the applicant’s entitlement to Portuguese nationality and enables them to apply for a citizen card and passport.

There are important practical caveats. If the original registration file contains a parental declaration expressly refusing Portuguese nationality for the child, the averbamento route will generally be closed, and other legal avenues will need to be considered. Old documentary records are frequently missing or incomplete, and registries commonly request further documents and may take weeks or months to decide. 

In short, being born in Portugal can confer nationality at birth - but only where the parental facts on the birth date satisfy Article 1(1)(f). Where the civil register does not reflect those facts, a carefully prepared averbamento request, grounded in dated documentary proof (and, where necessary, a declaration on honour), is the pragmatic route to correcting the entry and securing recognition of the entitlement.

At LVP Advogados, we monitor legislative and registry practice closely. We can prepare and submit the averbamento, manage any procedural follow-up, and advise on alternative pathways (for example, naturalisation by residence) where appropriate. If you think your case may qualify or would like a confidential assessment, contact our team, and we will review the file and advise on the most realistic next steps.