Children born in Portugal to foreign parents: by birth or by naturalisation

Portuguese by origin (art. 1.º)

A child born in Portugal to foreign parents is Portuguese from birth in three cases:

• e) one of the parents was also born in Portugal and lived here, whatever their status, at the time of the birth;
• f) the parents are not in the service of their State and, at the time of the birth, one of them resided legally in Portugal for at least five years — and the child (or the parents on their behalf) declares the wish to be Portuguese. Before May 2026 one year was enough;
• g) the child has no other nationality.

For case f), the proof of legal residence is made at the moment of the declaration by showing the parent’s identity document and one of the valid titles or statuses of the Foreigners Act (residence permit, EU registration certificate, asylum status) covering the five years (n.º 4). New-borns found abandoned in Portugal are presumed born here (n.º 2).

• 5 years of a parent's legal residence at the birth (art. 1.º f) — declaration at the registry
• 0 years when a parent was born in Portugal (art. 1.º e) or the child would be stateless (g)
• Free naturalisation of minors under art. 6.º n.º 2
• School attendance required for the minor's naturalisation since 2026

Naturalisation of a minor born in Portugal (art. 6.º n.º 2)

Where the parent did not have five years at the birth but has them now, the Government grants nationality to the minor if, at the time of the request, cumulatively:

1. one parent has resided legally in Portugal for at least five years;
2. the minor is enrolled in and regularly attending compulsory schooling, where applicable;
3. if the minor has reached the age of criminal responsibility (16), they meet the conditions of art. 6.º n.º 1 e) to h): the solemn declaration, no effective sentence over three years for the listed crimes, no security threat, no sanctions.

The procedure is free (n.º 12). The request is signed by the parents or legal representative; the file carries the child’s Portuguese birth certificate, the parent’s residence history (AIMA certificate of periods, permits), the school’s enrolment and attendance certificate, and the parents’ identity.

The declaration for origin nationality

Made at the civil registry office where the birth was registered, at the Registos Centrais or at a registry office with nationality competence, by the parents for a minor, by the person themselves once of age. No fee for the naturalisation of minors; the declaration under art. 1.º f) follows the civil-register emoluments. Effects run from birth (art. 11.º), which matters for a child who was already issued a foreign passport: the Portuguese nationality is retroactive.

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