Is a child born in Portugal to foreign parents Portuguese?

Checked on 2026-10-25

Not automatically. Under Portugal's Nationality Law, a child born in Portugal to foreign parents is Portuguese by origin if the parents declare it and one parent had lived legally in Portugal for at least five years at the birth. Otherwise the child can be naturalised once a parent reaches five years of legal residence and the child attends compulsory school.

Key facts

What	The law says	Source
Automatic nationality	Only if the child has no other nationality, or a foreign parent was also born in Portugal and lived there at the birth	Lei 37/81, art. 1.1(e) and (g)
By declaration (Portuguese by origin)	The child is Portuguese by origin if they declare they want to be, and one parent had at least 5 years of legal residence in Portugal at the birth; parents serving their own State are excluded	Lei 37/81, art. 1.1(f)
Proof	The parent’s ID document and a valid residence title or status document, shown at the time of the declaration	Lei 37/81, art. 1.4
By naturalisation (later)	One parent has at least 5 years of legal residence at the time of the application, and the child is enrolled in and regularly attends compulsory school where applicable	Lei 37/81, art. 6.2
Older children	If the child has reached the age of criminal responsibility, they must also meet art. 6.1(e) to (h)	Lei 37/81, art. 6.2(c)
Cost of naturalisation	Free	Lei 37/81, art. 6.12

Being born in Portugal is not enough on its own

Portugal’s Nationality Law gives nationality by birth in Portugal only in specific cases. A child born in Portugal to foreign parents is Portuguese by origin automatically only if the child has no other nationality (art. 1.1(g)), or if at least one parent was also born in Portugal and lived there, with or without a residence title, at the time of the birth (art. 1.1(e)).

By declaration: one parent with five years of legal residence at the birth

The second route is art. 1.1(f): a child born in Portugal to foreign parents who are not in Portugal serving their own State is Portuguese by origin if they declare they want to be Portuguese, provided that, at the time of the birth, one parent had been living legally in Portugal for at least five years. The parent proves this when the declaration is made, by showing their identification document and a valid residence title or status (art. 1.4). This wording comes from Lei Orgânica 1/2026, in force since 19 May 2026.

By naturalisation: once a parent reaches five years

If the parent did not have five years of legal residence at the birth, the law provides naturalisation of the child later (art. 6.2). The Government grants it when, at the time of the application:

one parent has lived legally in Portugal for at least five years;
the child is enrolled in and regularly attends compulsory schooling, where applicable;
if the child has reached the age of criminal responsibility, they meet the conditions on the democratic-principles declaration, criminal record, security and sanctions (art. 6.1(e) to (h)).

The law says this naturalisation is free of charge (art. 6.12).

What counts as legal residence: any title, visa or authorisation under the foreigners’ law or the asylum law (Lei 37/81, art. 15.1).

Sources

Change history

2026-10-25: Page created

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