Argentine citizenship by birth in 2025 is one of the fastest and most popular ways for foreigners to move to Argentina, secure temporary and permanent residency through the birth of a child, and eventually obtain an Argentine passport with visa-free entry to about 170 countries.
Argentina practices the right of soil (jus soli): every child born on the country’s territory automatically becomes an Argentine citizen from birth. The parents, in turn, can obtain temporary and permanent residency by virtue of the child’s birth and get a passport after 2 years of residence. The country attracts foreigners with its developed infrastructure, free healthcare for citizens and residents, high quality of life, and a strong passport granting visa-free access to more than 170 countries.
A flexible immigration system, simplified paperwork, and a friendly attitude towards foreigners make giving birth in Argentina and obtaining a passport one of the most in-demand ways to relocate.
Citizenship by birth (right of soil, jus soli) is guaranteed by the Constitution and Law No. 346 of Argentina.
Any child born on Argentine territory automatically receives Argentine citizenship from the moment of birth. This rule applies regardless of the status or citizenship of the parents – the only exception is made for children of diplomats and foreign government officials.
Thus, a baby born on Argentine soil is recognized as an Argentine citizen by law.
Temporary and permanent residency for the newborn’s parents:
Previously, parents of an Argentine newborn could very easily obtain permanent residence (PR) – in fact, immediately after the birth one could submit documents for PR, and soon after even apply for citizenship. However, on May 29, 2025, a new decree (No. 366/2025) came into force, radically changing the immigration rules.
The times when obtaining an Argentine passport through the birth of a child was simple have ended. According to the new rules, parents no longer receive automatic PR by virtue of having an Argentine-born child.
Temporary residence permit (Precaria).
Now, immediately after the child’s birth, foreign parents are only issued a temporary residency (the so-called Precaria – a preliminary residence permit). This temporary permit must be periodically renewed (usually every 90 days); it does not grant the right to immediately apply for citizenship or a permanent status. It’s important that you have entered the country legally: when applying for residency, the authorities will check for an entry stamp in your passport.
Obtaining PR for the child’s parents – proof of means and clean record.
The new rules require applicants to prove financial solvency and good conduct. By the time of applying for permanent residency, the parents must provide documents showing sufficient income or savings, proof of housing (ownership or a rental contract), as well as certificates of no criminal record. Having a criminal record or immigration violations (for example, an overstayed visa) can lead to a refusal and even deportation. It is therefore crucial to abide by all laws – for instance, the law now explicitly allows the expulsion of foreigners for overstaying a visa or for minor offenses.
Obtaining citizenship for the child’s parents – two years of continuous residence.
The parents are required to live in Argentina for at least 2 years continuously in a resident status. The continuity requirement is very strict: any departure beyond Argentina’s borders during this period resets the two-year count to zero. In other words, to fulfill the requirement, the parents must physically stay in the country for 24 consecutive months without a single trip abroad. In addition, they must maintain legal resident status the entire time and not violate the conditions of their stay. The citizenship application is submitted to the National Directorate of Migration or through a federal court (this procedure changed under the new decree). As part of the naturalization process, one will have to provide an extensive set of documents: the parents’ own birth certificates (with apostille and Spanish translation), documents proving a legal two-year residency (DNI – resident ID, passport stamps), Argentine and foreign police clearance certificates, and proof of income (e.g. an employment contract, bank statements, or registration as a self-employed monotributo in Argentina).
Does the parents’ status affect the child’s citizenship?
Many people wonder whether the baby will be a citizen of Argentina if the parents are in the country on a tourist visa or even illegally. The answer is yes – the newborn’s citizenship does not depend on the parents’ status. The law clearly states that children born on Argentine soil are recognized as citizens regardless of the parents’ citizenship or residency status. Even if the mother arrived in the country in the last months of pregnancy as a tourist, the child will receive an Argentine birth certificate and citizenship automatically. The parents should note that they need to regulate their own status – immediately after the birth it’s best to apply for residency. But the presence or absence of visas for the parents does not influence the baby’s citizenship.
Argentine citizenship for siblings and other relatives:
If the family has other children (brothers or sisters of the newborn), or if other relatives want to move along with the parents, it is important to understand the limits of the “right of soil.” Automatic citizenship extends only to the child born in Argentina. Older siblings born in another country do not get a passport automatically. They can reside in Argentina as dependents (they can be included in the parents’ residency/PR application as family members). However, such children will only be able to obtain citizenship later: when they turn 18 and provided they have lived at least 2 years in Argentina as residents. In essence, the law requires the same naturalization process for them as for the parents.
Similarly, other relatives (grandparents, adult siblings, uncles, aunts) do not receive any special rights to citizenship by virtue of a grandchild or niece/nephew being born in Argentina. They cannot directly claim an Argentine passport. Nevertheless, family reunification is possible – close relatives of a citizen (within certain degrees of kinship) can apply for a residence permit in Argentina. For example, the parents of the new Argentine citizen (i.e. the baby’s grandparents) can obtain residency as family members. But that is permanent residence, not citizenship. After receiving residency and living the required period, they may naturalize on general grounds (after 2 years). However, a passport is not granted automatically through such relations.
Thus, siblings, grandparents, and other relatives of the Argentine baby would have to move to the country via standard immigration procedures, and they could obtain citizenship no sooner than after 2 years of residing there as well.
How to enter Argentina for childbirth:
Argentina is very welcoming when it comes to pregnant foreigners entering the country. Citizens of many countries do not need a visa to visit – they can stay in Argentina for up to 90 days as tourists. This period is usually sufficient to arrive shortly before the expected due date and to handle the paperwork after the baby’s birth. If you are from a country that does require a visa to enter, the optimal approach is to obtain a tourist visa or a special medical visa.
Note: Argentina does issue medical visas for foreign nationals planning medical treatment or childbirth in local clinics.
The best time to fly is before the late stages of pregnancy. It’s advisable to arrive in Buenos Aires by the 30th–32nd week of pregnancy, so that you have time to acclimate, find housing and a doctor, and prepare the necessary documents on site. Upon arrival, the expectant mother should register at the chosen hospital or maternity clinic (public or private) and sign a contract for the delivery.
Argentina’s healthcare system is high-quality: even in public maternity hospitals the standard of care is high and staff are well-qualified. Foreigners without PR are expected to pay for childbirth or have insurance, since as of 2025 free healthcare is guaranteed only to citizens and permanent residents (emergency care is still provided to everyone).