My Child Was Born in Portugal. Is My Child Portuguese?

Javier Mateo | Lawyer

Until recently, in many cases, the answer could be yes. Under the previous wording of Article 1, no. 1, subparagraph f), of the Portuguese Nationality Law, a child born in Portugal to foreign parents could be Portuguese of origin if, at the time of birth, one of the parents was legally resident in Portugal or had been resident in Portugal, regardless of title, for at least one year, provided that the parents were not in the service of their State and the relevant declaration requirements were met.
 
This wording allowed many children born in Portugal to be registered as Portuguese from birth, even where the parents did not yet have a long history of legal residence in the country. The expression “regardless of title” was particularly important, as it created a broader and more flexible connection between the child’s birth in Portugal and the parents’ factual residence in the country.
 
This has now changed.

The first situation concerns children born in Portugal to foreign parents where at least one of the parents was also born in Portugal and resides here, regardless of title, at the time of the child’s birth. This rule is now set out in Article 1, no. 1, subparagraph e). It continues to protect a specific type of generational connection with Portugal: the child is born in Portugal, and at least one parent was also born and resides in Portugal.
 
The second situation, and the one with the greatest practical impact for foreign residents and expatriate families, is the new Article 1, no. 1, subparagraph f). Under this rule, children born in Portugal to foreign parents who are not in the service of their State may be Portuguese of origin if they declare that they wish to be Portuguese and if, at the time of birth, one of the parents has been legally resident in Portugal for at least five years.
 
This is the key change. The previous rule required legal residence, or residence regardless of title, for at least one year. The new rule requires legal residence for at least five years. The difference is substantial. It means that many children who would previously have been Portuguese at birth may now be treated as foreign nationals unless one of the parents already had five years of legal residence in Portugal at the time of birth.
 
The third situation concerns children born in Portugal who do not possess any other nationality. This is provided in Article 1, no. 1, subparagraph g). This rule is designed to prevent statelessness and continues to play an important protective role. However, it will not apply to most children whose parents are able to transmit their own nationality to the child under the law of their country of origin.
 
For most foreign residents in Portugal, the practical impact of the reform will therefore be felt through the new Article 1, no. 1, subparagraph f).
 
A child born in Portugal after 19 May 2026 will no longer qualify for Portuguese nationality of origin in as many situations as before. Birth in Portugal alone is not sufficient. Nor is it sufficient that one parent has been living in Portugal for one year without a formal residence title. The new legal test is stricter: one parent must have been legally resident in Portugal for at least five years at the time of the child’s birth.
 
This will be especially relevant for families who recently moved to Portugal under residence visas, work permits, study visas, digital nomad visas, family reunification procedures, investment routes or other residence frameworks. It will also be relevant for residents whose legal status has been delayed, interrupted, renewed late or not properly documented.
 
Where the child does not qualify for Portuguese nationality of origin at birth, this does not mean that the child has no legal status in Portugal.
 
Article 124 of Law no. 23/2007 provides that foreign minors born in Portuguese territory benefit from a residence status identical to that granted to either of their parents. For the purpose of issuing the residence title, either parent should submit the relevant request within six months following the registration of the child’s birth.
 
In practical terms, if the parents are foreign residents in Portugal and the child does not meet the new nationality criteria, the child should generally be documented as a foreign resident in line with the residence status of one of the parents. This step is important for access to public services, healthcare, social security related matters, school enrolment, travel and future immigration or nationality planning.
 
Families should not assume that birth in Portugal alone is sufficient. After the reform, the nationality analysis must be more precise. It is necessary to confirm the child’s date of birth, the parents’ nationality, whether either parent was also born in Portugal, whether either parent had been legally resident in Portugal for at least five years at the exact date of birth, whether the child has or may have another nationality, and whether the birth registration and residence documentation were properly handled.
 
There may also be future routes to Portuguese nationality. A child who is not Portuguese at birth may later qualify for nationality through other provisions of the Nationality Law, including Article 6, no. 2, which applies to minors born in Portugal to foreign parents, depending on the child’s schooling, the parents’ residence history and the requirements in force at the relevant time. Each case should be assessed individually.
 
The main practical message is clear: since 19 May 2026, children born in Portugal to foreign parents qualify for Portuguese nationality of origin in fewer situations than before. The new law places greater weight on legal residence and, in particular, on whether at least one parent had already completed five years of legal residence in Portugal at the time of the child’s birth.
 
For families expecting a child in Portugal, or for parents whose child has recently been born in Portugal, early legal assessment is recommended. The answer to the question “is my child Portuguese?” will depend on the specific facts of the family’s residence history, nationality position and documentation.
 
At LVP Advogados, our immigration and nationality team regularly advises families on Portuguese nationality, birth registration, residence rights for minors and long-term legal planning in Portugal. If your child was born in Portugal, or is expected to be born in Portugal, we will be pleased to review your case and provide specialised legal advice tailored to your family’s circumstances.