Baby born in Spain: NIE and apostille

This situation mirrors the guide about a child born OUTSIDE Spain: here the baby was born here, in Spain, to parents who were already temporary-protection beneficiaries at the time of birth. A real question from the community (Facebook group asistenciaucranianos, August 2026): what to do about that baby's documents — do they need Spanish nationality, an apostille, a separate appointment for status? Let's go through it in order.

Nationality: Spanish ius soli is limited

The first thing to know: being born in Spain does not by itself grant Spanish nationality. This is a common misconception — unlike, say, the US, Spanish law doesn't work on a "born on the territory, citizen" principle. Article 17 of the Código Civil recognises people as Spanish by birth (de origen) only in specific cases:

• a child whose father or mother is Spanish (art. 17.1.a) — not our case;
• a child born in Spain, if at least ONE parent was ALSO born in Spain (art. 17.1.b) — Ukrainian parents born in Ukraine don't meet this;
• a child born in Spain to stateless parents, or if the law of neither parent's country grants the child a nationality (art. 17.1.c) — Ukrainian citizens aren't stateless, and art. 7 of the Law "On Citizenship of Ukraine" states plainly: a person whose parents, or one of whose parents, were Ukrainian citizens at the time of their birth is a Ukrainian citizen. So this point doesn't apply either;
• a child of undetermined origin (art. 17.1.d) — not our case, the parentage is known.

Bottom line: a child of Ukrainian parents born in Spain is a Ukrainian citizen from the moment of birth, and in Spain is processed as a foreigner, just like the parents. This isn't a punishment or a bureaucratic quirk — that's how Spanish law works for the vast majority of children of foreigners born on its territory.

Registering the birth in Spain (Registro Civil)

The mechanism is set out in Ley 20/2011, de 21 de julio, del Registro Civil. The Registro Civil is a single registry for all of Spain (art. 3); the entry is made by the Oficina General del Registro Civil, not a "municipal registry office".

• The hospital itself must send the declaration of birth to the Oficina del Registro Civil within 72 hours of the birth (art. 46). This is done electronically: the hospital fills in the official form and the parents sign it — it records their identity and nationality, the baby's name, the order of surnames and parentage. No separate trip to the Registro Civil is needed.
• You'll need the parents' documents — passport, plus NIE/TIE if you have one (art. 49.4: the entry records the foreigner's ID or passport number, nationality and address).
• If the hospital didn't send the declaration in time, or the birth took place outside a medical facility — the parents must declare the birth themselves at any Oficina del Registro Civil within 10 days (art. 47). After that deadline the entry is possible only through an expediente registral — don't delay.
• Right after the entry, the Encargado issues the parents an electronic certificado literal de nacimiento (art. 44.8). Further copies are free: at sede.mjusticia.gob.es with Cl@ve it is issued instantly, without Cl@ve — by post. All Registro Civil procedures are free.
• The Libro de Familia is no longer issued in offices running the DICIREG system (Instrucción DGSJFP de 16 de septiembre de 2021): birth and marriage certificates replace it. Old books remain valid.

Apostille: when it's needed, and when it isn't

This is a frequent source of confusion, and it's worth nailing down precisely.

An apostille on the Spanish birth certificate is NOT needed for use WITHIN Spain. A document from a Spanish authority is presented to a Spanish authority (ayuntamiento, Extranjería, centro de salud) without any additional certification. Regulation (EU) 2016/1191 exempts public documents from the apostille when circulating BETWEEN EU countries — it will be useful if you move to another EU country, but it doesn't apply to Ukraine: that's a third country.

An apostille is needed if the document is going to Ukraine — above all for the Ukrainian consulate (the baby's passport and, if necessary, citizenship registration) and for Ukrainian authorities. Spain and Ukraine are both parties to the 1961 Hague Convention, and Spain raised no objection to Ukraine's accession, so the apostille on a Spanish document is issued in Spain itself. Under RD 1497/2011 this is done equally by: the Oficina Central de Atención al Ciudadano and the Gerencias Territoriales of the Ministerio de Justicia, and the Secretarías de Gobierno de los Tribunales Superiores de Justicia (by prior appointment, with the original). An electronic Registro Civil certificate signed with a CSV can be apostilled online via sede.mjusticia.gob.es with Cl@ve — the apostille is available for download for 1 year.

After the apostille you need a translation into Ukrainian. The Embassy in Madrid accepts a notarised translation (a notary, consular certification or a sworn translator of the country where the document is used); the Consulate General in Barcelona — a notarised translation or one done by a translator who has proven their qualification. Certifying a translation at the consulate costs 37 € per page — check with your consulate which option is cheaper for you.

The baby's status and NIE: art. 159 of the Reglamento de Extranjería (Hoja 41)

This is the most important part of the guide, and since June 2026 it has a direct official answer.

Instrucciones SEM 2/2026 of the Secretaría de Estado de Migraciones (signed 22.06.2026), in instruction TERCERA, explicitly establish: foreign minors born in Spain to parents holding a residence permit under Decisión de Ejecución (UE) 2022/382 (that is, under temporary protection) fall under art. 159 of the Reglamento de Extranjería (RD 1155/2024) — "residencia temporal del menor extranjero acompañado nacido en España", also known as Hoja informativa 41. The basis for this is the Disposición adicional 19.ª of the Reglamento as amended by RD 316/2026: holders of a temporary-protection permit may apply for residence permits under the Reglamento from within Spain.

What this means in practice (art. 159 + Hoja 41):

1. Where: the Oficina de Extranjería of the province where the baby is registered — in person (one of the parents) or via the sede electrónica.
2. Documents: form EX-25; a copy of the passport or travel document of the baby and of the applying parent; the Spanish certificado de nacimiento; proof of the parent's status — the TIE or the temporary-protection resolution; the paid fee (modelo 790, código 052, epígrafe 2.1.5).
3. Deadlines: Hoja 41 requires filing within 6 months of the birth, but SEM 2/2026 lifts that restriction for families under TP — you can file at any time; the 6-month count starts only when the parent moves to another permit (arraigo, residencia y trabajo, larga duración). Processing — 1 month; administrative silence means refusal, in which case a recurso is needed.
4. Result: a permit for 5 years (not tied to the duration of the parents' temporary protection), and the baby's NIE is assigned within this procedure. Within 1 month of a positive decision the parent requests the baby's TIE in person at the Policía Nacional. After 5 years — residencia de larga duración.
5. School: if the child is already of school age, a certificate of enrolment at an official centre is required (art. 159.2).

An important detail about deadlines: in a ruling of 8 July 2026 the Supreme Court struck from art. 159 the condition "has not left Spain since birth" — temporary justified trips (for instance, to Ukraine) do not by themselves forfeit the right to this procedure, although Hoja 41 still lists that condition for now.

Duration of the parents' temporary protection and the baby's documents

• Temporary protection in the EU has been extended until 4 March 2028 by Decisión de Ejecución (UE) 2026/1912 (applicable from 5 March 2027); the current period runs until 4 March 2027 under Decisión (UE) 2025/1460.
• Spanish TIEs of temporary-protection beneficiaries remain valid until 4 March 2027 without replacing the card (Orden INT/96/2026); the extension of the cards for the new EU period is set by a separate order of the Ministerio del Interior — watch for it closer to that date.
• The baby's permit under art. 159 is issued for 5 years and does not depend on these dates.

Healthcare, Seguridad Social and benefits

Temporary-protection beneficiaries are entitled to healthcare (Ucrania Urgente: "Atención médica"), and so is the baby. The official scheme for Valencia (Conselleria de Sanitat + INSS):

• A temporary SIP for 3 months is usually issued to the baby right at the hospital; if not — at the centro de salud with a document identifying the baby.
• Adding the baby as a beneficiario in the Seguridad Social — a request to the INSS (online or at the hospital: in Valencia that's La Fe, Clínico, General, Dr. Peset, 9 de Octubre and others). For a baby under 3 months no birth certificate is required; the parent presents a TIE or passport; a certificado de empadronamiento — if the registration was done recently.
• The permanent SIP — at the centro de salud with the INSS document recognising the baby as a beneficiario; after the first month of life the baby's empadronamiento will be required.

Benefits worth looking at:

• Prestación por nacimiento y cuidado de menor (INSS) — for working parents who are in alta: 19 weeks for each parent (6 mandatory right after the birth + 11 until the baby turns 12 months + 2 until age 8), 32 weeks for a single parent; 100 % of the base (base reguladora). Minimum contribution record: under 21 — none required; 21–26 — 90 days in the last 7 years or 180 over a lifetime; over 26 — 180 days in 7 years or 360 over a lifetime. If the record falls short — a subsidio no contributivo of 100 % IPREM for the mandatory 6 weeks.
• Complemento de ayuda para la infancia on top of the Ingreso Mínimo Vital: in 2026, 115 € per month per child under 3 (80.50 € from 3 to 6, 57.50 € from 6 to 18) when household income is below the IMV thresholds. A newborn is exempt from the one-year residence requirement; parents need 1 year of legal residence and an "autorización de residencia" — the temporary-protection resolution is called exactly that in Ministerio de Inclusión documents, but there is no separate confirmation on the IMV page: apply and see the answer.

Common mistakes

1. Assuming birth in Spain automatically grants Spanish nationality. It doesn't, for almost all children of foreigners — see the ius soli section above.
2. Getting the Spanish certificate apostilled "just in case". Within Spain no apostille is needed; get one when the document is actually going to the Ukrainian consulate.
3. Expecting the baby to be given temporary protection "automatically". The official route is an application under art. 159 at the Oficina de Extranjería; without your application the baby will have neither an NIE nor a TIE.
4. Delaying the baby's passport. A copy of the passport or travel document is a mandatory document in the art. 159 application, and production at the consulate takes up to 3 months.
5. Not registering the baby as a beneficiario at the INSS. The temporary SIP from the hospital lasts 3 months; the permanent one won't be issued without the INSS document.

Frequently asked questions (FAQ)

The baby was born in Spain — does that mean they have Spanish nationality?

No, not automatically. Spanish ius soli (art. 17 of the Código Civil) is limited: it applies only to children with a parent who was ALSO born in Spain, children of stateless parents or those to whom neither parent's country grants a nationality, and children of undetermined parentage. Under art. 7 of the Law "On Citizenship of Ukraine", the child of Ukrainian citizens is a Ukrainian citizen, so in Spain they are processed as a foreigner.

Does the Spanish birth certificate need an apostille?

For use within Spain — no. It's needed for the Ukrainian consulate and Ukrainian authorities: the apostille is issued by the Ministerio de Justicia (Oficina Central, Gerencias Territoriales) or the Secretarías de Gobierno of the TSJ, and an electronic certificate with a CSV — online; then a notarised translation into Ukrainian. A plurilingüe certificate does not replace the apostille for Ukraine.

How does the birth get registered at the Registro Civil?

The hospital sends an electronic declaration to the Oficina del Registro Civil within 72 hours (art. 46 of Ley 20/2011) — the parents only sign the form. If that didn't happen — declare it yourselves within 10 days (art. 47). After the entry an electronic certificado literal is issued; further copies are free at sede.mjusticia.gob.es. The Libro de Familia is no longer issued.

How does the baby get an NIE and status?

Under Instrucciones SEM 2/2026 — via art. 159 of the Reglamento de Extranjería (Hoja 41): an EX-25 application at the Oficina de Extranjería with the baby's passport, certificado de nacimiento and the parent's TIE; processing 1 month, a permit for 5 years, the NIE is assigned within the procedure, then the TIE at the Policía within 1 month. There is no filing deadline for families under temporary protection.

Will the baby be temporarily left without health insurance?

No: the hospital issues a temporary SIP for 3 months, and adding the baby as a beneficiario at the INSS is done without a birth certificate (for a baby under 3 months) right at the hospital or online. The permanent SIP is issued by the centro de salud on the basis of the INSS document and the baby's empadronamiento.

Does the baby need a passport before the TIE is processed?

Yes — a copy of the baby's passport or travel document is on the list in art. 159 and Hoja 41 already at the filing stage. For a child under 16 the Ukrainian consulate issues a passport for 4 years (the only fee is 37 € for data processing, production up to 3 months) on the basis of the apostilled and translated Spanish certificate; a child over 12 must attend in person. The embassy's passport page (from 2023) still mentions a certificate of citizenship registration — for children born after 16.01.2026 to two Ukrainian citizens it isn't needed; clarify this when booking.

This guide was prepared by the Expato team and is updated regularly. If you have questions or have noticed any inaccuracies, write to us. Facts checked against primary sources: September 2026.