For those who wish to obtain recognition of their Spanish nationality under the Law of Democratic Memory, better known as the ‘Law of Grandchildren’, it is essential to obtain certain documents of their ancestors.
To obtain them, it is often necessary to go beyond applying to the Civil Registry and turn to parish archives. This article tells you how to do this.
Since October 2022, with the Law of Democratic Memory (LMD), better known as the Law of Grandchildren, thousands of Spanish descendants have embarked on the adventure of obtaining the necessary documentation to gain access to a recognition of citizenship that, perhaps, they had never imagined possible to obtain, since before the LMD, Spanish nationality was only transmitted from parents to minor children.
Children, grandchildren and great-grandchildren went in search of the documents of their Spanish ancestors. Getting them was neither quick nor easy, but rather the opposite.
What is a baptismal certificate?
A baptismal certificate, also called a baptismal certificate, is a document that, as I mentioned at the beginning, certifies that you have received the sacrament of baptism, that is, that you have been baptised.
Therefore, the baptismal certificate, or baptismal certificate, is an ecclesiastical document that certifies the baptism of a person.
Important considerations on baptismal faith
In the context of an application for nationality, especially in cases where proof of Spanish ancestry is sought in order to obtain nationality by descent or through legal options such as the Law of Democratic Memory, the baptismal certificate can play an important role.
Importance of the Baptismal Certificate
- Historical Document: For many great-grandchildren or descendants of Spaniards, especially when civil registers are incomplete or do not exist due to their antiquity or events such as wars, fires in the civil registers, or simply because births were not registered at the time, baptismal certificates become valuable documents to prove the line of ancestry.
- Complement to civil documentation: In the absence of civil birth certificates, the baptismal certificate serves as proof of the date and place of birth, as well as the parentage of the baptised person. This is crucial when direct family ties to a Spanish citizen must be proven.
- Legal requirements: For Spanish nationality by option (as may be the case for some descendants of Spaniards), it is sometimes necessary to present documents proving the Spanish nationality of the grandparents or great-grandparents. If civil documents are not available, a baptismal certificate can be used to prove that the ancestor was Spanish.
Use of the Fe de Bautizo in Spanish nationality proceedings:
- Accreditation of Nationality: In the process of accrediting the Spanish nationality of an ancestor, the baptismal certificate may be one of the few documents available to prove Spanish origin, especially for older generations.
- Legalisation and translation: As with other foreign documents, the baptismal certificate may need to be apostilled (if the issuing country is a party to the Hague Convention) and translated into Spanish by a sworn translator, depending on the requirements of the nationality or visa process. In the context of the Ley de Nietos, this certificate will require neither apostille, nor legalisation, nor translation, as the baptismal certificate will be the Spanish one and will be presented at the Spanish Consulate in the applicant's country.
- Negative certificate from the Civil Registry: If a baptismal certificate is used to prove the nationality or birth of an ancestor, it may also be necessary to present a negative certificate from the Spanish Civil Registry, indicating that there are no civil birth records for that person, thus reinforcing the validity of the baptismal certificate as documentary evidence. Some Consulates ask for this negative certificate from the Civil Registry, even if the birth took place on a date when the Civil Registry did not yet exist in Spain, which began to operate in 1870, although it was not established everywhere at the same time.
Conclusion
In order to obtain Spanish nationality for grandchildren/great-grandchildren through the Law of Democratic Memory or other legal channels, descendants must prepare and present a series of documents that accredit their family ties with the original Spanish citizen and fulfil the requirements established by Spanish legislation.
The most common documents usually required for these procedures are listed below:
- Grandchild's Birth Certificate: Official document certifying the birth of the person.
- Spanish Grandparent's Birth Certificate: This document is crucial to prove the direct connection to the Spanish ancestor. If the grandparent was born in Spain, the certificate must be issued by the corresponding Civil Registry in Spain. If the grandparent was born outside Spain but retained Spanish nationality, the local birth certificate will be needed along with documentation proving Spanish nationality.
- Birth certificate of the applicant's parent: To establish the chain of descent, the birth certificate of the parent linking the applicant to the Spanish grandparent will also be required.
- Certificate of Spanish nationality of the grandparent: If available, any document proving the Spanish nationality of the grandparent, such as a Spanish passport, certificate of nationality or registration in the Spanish Civil Registry.
- Marriage certificate: If applicable, especially if you need to prove the family connection through the marriage of the ancestors.
- Death certificate: In case the Spanish grandparents or parents are deceased, the corresponding death certificate may be required.
- Foreign Citizen Registration Certificate and Citizenship Registration Certificate: Specifically for cases where the grandparent was not born in Spain but retains Spanish nationality. These certificates may be necessary to accredit the maintenance of the great-grandparent's Spanish nationality despite emigration.
- Additional documentation: Depending on the specific case and the legislation applicable at the time of processing, additional documentation may be required, such as proof of residence, legal documents accrediting the maintenance of Spanish nationality through the generations, or documents accrediting the applicant's legal situation in his or her country of residence.
- Legalisations and apostilles: Documents issued outside Spain generally need to be legalised or have the Hague Apostille (if the issuing country is a party to the Hague Convention) and translated into Spanish by a sworn translator.
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