Baby born in Spain: NIE and apostille

This situation mirrors the guide about a child born OUTSIDE Spain: here the baby was already 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 recognizes people as Spanish by origin (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 Ukrainian law clearly grants nationality to the children of Ukrainian citizens, 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, by default, a Ukrainian citizen (under Ukrainian nationality-by-descent law), 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 hospital itself must send the notification (parte de nacimiento) to the Registro Civil of the municipality where the hospital is located, within 72 hours of the birth. At most modern hospitals connected to the electronic system, this happens automatically — parents don't need to go to the Registro Civil office separately for registration itself.
• You'll need: the accreditation part of the birth notice (the yellow slip from the hospital), the parents' documents (passport; DNI/NIE if you have one — otherwise identity verification via the Dirección General de la Policía is allowed), proof of marriage (if applicable, via the libro de familia or certificado de matrimonio), and a birth declaration signed by one or both parents.
• If the specific hospital isn't yet connected to the new electronic system under Ley 20/2011, registration happens in person, at the Registro Civil where the birth occurred, usually also within the first days after birth.
• After registration you can request the certificado de nacimiento — the basic document you'll need afterward for empadronamiento, the SIP, school, and, if applicable, for processing status.

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. Regulation (EU) 2016/1191 exempts public documents from EU member states, including birth certificates, from apostille when circulating BETWEEN EU countries — and a Spanish document presented within Spain itself (at the ayuntamiento, at Extranjería, at the health center) needs even less extra legalization: it's an internal document from one Spanish authority to another.

An apostille is needed if the document is leaving the EU — this mainly applies to presenting the Spanish birth certificate to the Ukrainian consulate (for instance, to register the child in Ukrainian records or obtain a Ukrainian birth certificate). Spain and Ukraine are both parties to the 1961 Hague Apostille Convention, so the apostille on the Spanish document is issued in Spain itself (by the relevant unit of the Ministerio de Justicia), after which the document generally also needs a sworn translation (traductor jurado) into Ukrainian if the consulate requires it.

The baby's status and NIE: honestly, we didn't find a single clear pathway

This is the most important part of this guide, and it calls for maximum honesty, not a confident retelling of other people's posts.

We looked for an official source directly describing the procedure for a baby born IN Spain to parents who are already temporary-protection beneficiaries, and didn't find one that unambiguously closes this exact case. There are two potentially applicable routes, and both have a textual mismatch with your specific scenario:

1. Family extension of temporary protection via OAR. Covered in detail in the guide about a child born outside Spain — but its legal basis, art. 2(4) of Council Implementing Decision (EU) 2022/382, defines "family member" as someone who was already part of the family before 24 February 2022. A baby born in Spain months or years after the family had already settled here, under the strict text of this article, isn't described as a guaranteed case — the same nuance is already flagged as a warning in the neighboring guide.
2. The general procedure for minors born in Spain to a resident (Sheet 41, art. 159–160 of the Reglamento de Extranjería, RD 1155/2024). The official description of this procedure (Ministerio de Inclusión) explicitly requires the parent to hold precisely a "residence authorization" under the Reglamento de Extranjería — and temporary protection is formally set up as a separate legal regime (a Real Decreto on temporary protection, activated by the EU Council Decision), not the same as authorizations under that Reglamento. Whether this route applies literally to TP holders — the source doesn't clarify.

We deliberately don't pick one of these routes as "the correct one" — given the cost of getting it wrong (months of lost time on the wrong track, as the neighboring guide already warns), this is a case where it's better to ask than to guess.

What's known more precisely — if the OAR extension route does end up applying to your case, the NIE is assigned to the baby within the procedure itself, with no separate application needed — the same as it's set up for children born outside Spain (see the neighboring guide). For the Sheet 41 procedure, the document list explicitly includes a copy of the baby's passport or travel document — so on this route, a passport will most likely be needed in advance.

Practical friction points the community warns about

Below is what parents report in Facebook group discussions. This is NOT an officially confirmed rule — it's the practical experience of specific families — use it to prepare for the questions, not as a guarantee.

• Temporary gap in health insurance. Until the baby's status and documents are fully processed, getting the SIP (health card) sometimes takes time — parents advise checking with the centro de salud which documents are accepted during the transition period (usually the birth certificate and empadronamiento are enough).
• The passport is needed sooner than you'd expect. At some offices, TIE processing requires the baby's passport to already be issued — if it isn't ready in advance, this can stall exactly the last step. Arrange the baby's Ukrainian passport in advance through the consulate.
• The baby's first documents may be short-validity. Parents report that the baby may initially get documents with a limited validity period, while the full card (TIE) and its renewal are handled as a separate, later step.

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," even though it's only needed within Spain. An apostille costs money and time — get one only if the document is actually going to Ukraine or another non-EU country.
3. Automatically applying Track A from the guide about children born OUTSIDE Spain to your case. Your case is different: the baby was already born here, and that track's legal basis literally describes different children. Check separately.
4. Delaying empadronamiento. Without it, it's hard to process the SIP and other documents for the baby — do it right after getting the birth certificate.
5. Not sorting out the baby's passport in advance. Some procedures need it already at the application stage, not just for the final card.

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 children of undetermined parentage. Ukrainian parents with temporary protection meet none of these conditions — the baby is processed as a foreign citizen.

Does the Spanish birth certificate need an apostille?

For use within Spain — no (Regulation (EU) 2016/1191). It's needed only if the document leaves the EU — for instance, to the Ukrainian consulate: the apostille is issued in Spain, and the document is usually translated by a sworn translator into Ukrainian.

How does the birth get registered at the Registro Civil?

The hospital sends the notice to the Registro Civil within 72 hours (Ley 20/2011) — in most cases no separate trip is needed. You'll need the parents' documents and a birth declaration. If the hospital isn't connected to the electronic system, registration happens in person.

How does the baby get an NIE and status?

We didn't find a single official route for this exact case. There are two potentially applicable routes (TP extension via OAR, or the general Sheet 41 procedure for minors born in Spain to a resident) — both have a textual mismatch with your specific scenario. Check with documents in hand at OAR/CREADE or with an abogado de extranjería — don't rely on retellings from chats.

Will the baby be temporarily left without health insurance?

According to parents' accounts in the community — sometimes yes, until the documents are processed. This isn't a confirmed official rule, but practical experience — check with your centro de salud which documents are accepted during the transition period.

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

For the Sheet 41 procedure — yes, a copy of the passport or travel document is part of the official document list. Parents report the same requirement for the temporary-protection route, though we didn't find it explicitly written down for TP — arrange the passport in advance so it doesn't stall this step at your appointment.