Your child was born in Portugal — are they Portuguese? The rules for minors after the 2026 law
Since 19 May 2026, a baby born in Portugal to foreign parents is only Portuguese at birth if one parent has been legally resident for at least five years. For minors already born, naturalisation requires five years of parental residence plus school attendance.
Short answer: being born in Portugal is not enough. Since 19 May 2026, a baby born to foreign parents is only Portuguese at birth if, at that moment, one parent has been legally resident in the country for at least five years — triple what the previous law required in some cases, and one of the highest-impact changes in the new nationality law.
The rule applies to births from the law’s entry into force. Children born earlier fall under the regime in place at the time — the changes are not retroactive.
What about minors already born here who aren’t Portuguese?
There is a dedicated route: naturalisation of minors. The requirements are cumulative — one parent must have been legally resident in Portugal for at least five years, and the child must be enrolled in and regularly attending compulsory schooling, where age requires it. From 16, the general adult requirements stack on top, such as no relevant convictions and adherence to the principles of the democratic rule of law. The full text is in Organic Law 1/2026 in the official gazette.
Which documents should you prepare?
For citizenship at birth: proof of the parent’s legal residence (residence permit and history). For naturalisation of minors: additionally, the child’s Portuguese birth record and proof of school enrolment and attendance. Since residence periods only count under valid permits, make sure AIMA renewals are up to date — we track deadlines and the backlog in our dedicated tracker.
Frequently asked questions
My child was born in March 2026, before the new law — which regime applies?
The one in force at the date of birth. The new requirements apply to births and applications after entry into force on 19 May 2026.
Do the parent’s five years count across different permit types?
What counts is documented continuous legal residence — switching permit types does not by itself break the count, but gaps without a valid permit do. With interrupted periods, legal advice is worth it.
Is school attendance really mandatory for the application?
Yes, when the child is of compulsory school age: enrolment and regular attendance are an express legal requirement for the naturalisation of minors.
Illustrative · Photo: Dương Nhân / Pexels