Portuguese citizenship by birth after the 2026 reform

Status in September 2026: the rule is in force but works differently

Portuguese citizenship by birth for children of foreigners still exists, but since 19 May 2026 it follows new rules. On that day Organic Law 1/2026 of 18 May 2026 (Lei Orgânica n.º 1/2026), published in the official gazette Diário da República, entered into force. It rewrote Article 1 of Nationality Law 37/81, the basis of Portuguese birthright citizenship, and abolished several family routes to a passport.

What a family planning a birth in Portugal needs to know:

• 5 years instead of 1. A child of foreigners born in Portugal is Portuguese by origin only if, at the time of birth, one parent has resided there legally for at least 5 years. Previously 1 year was enough, even without legal status.
• No longer automatic. Citizenship used to arise unless the parents opted out. Now a declaration that the child wants to be Portuguese is required, with proof of the parent's legal residence.
• The special route for parents is closed. Parents of a Portuguese child could naturalise after 5 years in the country with any status; that rule is repealed. Parents are left with ordinary naturalisation: 10 years of legal residence, 7 for citizens of the European Union and Portuguese-speaking countries.
• A fallback for the child remains. Without 5 years at the birth, the child can be naturalised later, once one parent reaches 5 years of legal residence, free of charge.

The honest conclusion: the plan "move, live there a year, give birth, get a European Union passport for the child and a fast track for the parents" no longer works. Citizenship by birth is now the result of a long legal life in Portugal, not a shortcut to it. Applications filed before 19 May 2026 are decided under the old law (Article 7 of Law 1/2026).

What changed in 2025-2026

The reform went through the Constitutional Court and a presidential veto. Your filing date determines which rules apply.

Before and after: rules for children and parents

Who gets Portuguese citizenship by birth now

Article 1 of the Nationality Law lists the cases of citizenship by origin (nacionalidade originária), effective from birth. For foreign families the three middle rows matter.

Note: the parent needs 5 years at the date of birth, not at filing. If the parent reaches the fifth year a month after the birth, citizenship by origin is no longer available. Naturalisation remains, see below.

How the parent's 5 years of legal residence are counted

Article 15 treats as legal any residence under a permit, visa or authorisation provided for in the Aliens Act or the asylum law; citizens of the European Union and Portuguese-speaking countries rely on special treaty regimes. In practice:

• The clock starts with the first card. The 2024 rule that counted time from the permit application is repealed. If the Portuguese migration agency took a year to issue your first card, that year does not count. On pushing the migration agency through the courts, see our article on court cases against the migration agency.
• Gaps are allowed within a window. Periods of legal residence add up if they fall within 12 years, 9 for citizens of the European Union and Portuguese-speaking countries. By the text of the law this applies to all residence periods, including the 5 years for citizenship by birth.
• Living without status no longer counts. Previously a year in the country with any document was enough; now only legal status counts.
• Proof at the declaration. The parent shows an ID and a document proving a valid permit or status. If the card is under renewal at that moment, which document will be accepted? Ask an expert.

Statuses for building up residence: the D8 digital nomad visa, the Portugal Golden Visa and the startup visa. Citizens of Russia, Belarus, Ukraine and Kazakhstan are not covered by the special regimes for the European Union and Portuguese-speaking countries and can only build residence through a permit.

No 5 years yet: naturalising the child later

If the parents have less than 5 years of legal residence at the birth, the child is born a foreigner, but the path to a passport stays open.

First, a residence permit

A minor born in Portugal to parents with residence permits gets a permit without a visa under Article 122 of Aliens Act 23/2007. No consulate trip is needed.

Then naturalisation under Article 6(2)

The government must grant citizenship to a minor born in Portugal to foreign parents if, on the application date:

• one parent has resided legally in Portugal for at least 5 years;
• the child is enrolled in and regularly attends school, if of compulsory school age;
• from age 16 (the age of criminal responsibility in Portugal), the child meets the adult criteria: a declaration of adherence to the rule of law, no convictions for serious crimes, no security threat, no United Nations or European Union sanctions.

This procedure is free by law. Example: a parent got the first card 2 years before the birth. The child is born a foreigner and gets a permit. Three years later, when the parent reaches 5 years, the child's naturalisation can be filed.

There is also a route through the parents: minor children of a naturalised parent acquire citizenship by declaration (Article 2), but with 10 years for parents it is usually slower.

Parents, siblings and grandparents: who gets what status

A Portuguese child used to give parents a residence permit and a separate fast track to citizenship. The first remains, the second is gone.

What a Portuguese child gives the parents

• A permit without a visa. Other general requirements still apply: means of subsistence, housing, no convictions over one year, no entry bans.
• Protection from removal. Under Article 135 of the Aliens Act a foreigner who actually supports minor Portuguese children living in the country cannot be expelled, except for serious crimes and security threats.
• Permanent residence after 5 years. Under Article 80, after 5 years of temporary residence, with basic Portuguese, means, housing and a clean record.

What the child no longer gives: a shorter path to citizenship. For a parent from Russia or another country outside the European Union and the Community of Portuguese Language Countries it is 10 years of legal residence from the first card. Applications under the old Article 6(8) filed before 19 May 2026 follow the old rules.

Government fees and real costs

Only amounts confirmed by official sources. Where the amount depends on your situation, we say so.

The main cost is not fees but 5 years of legal life in Portugal before the birth: rent, insurance, taxes, renewals. If you only want a passport for the child, compare that total with the alternatives below.

Step-by-step process and timeline

The migration agency and citizenship processing times varied widely in 2024-2026. A realistic horizon for a family moving in 2026 without citizenship of a European Union or Portuguese-speaking country: at least 5 years plus the wait for the first card before a child can be born Portuguese, and 10 years or more from the first card to the parents' passports.

Documents

For the birth registration and declaration

• the maternity unit or hospital birth certificate;
• details of the parents and grandparents, the chosen name;
• the parents' identity documents;
• a document proving the valid permit or status of the parent with 5 years in Portugal;
• for online filing, the parents' electronic identification.

For the child's naturalisation under Article 6(2)

• the child's birth certificate;
• proof of one parent's 5 years of legal residence;
• proof of school enrolment, if of compulsory school age;
• from age 16, criminal records from Portugal and the countries of birth, nationality and residence after 16.

Foreign documents usually need an apostille and translation. Need the exact list for your case? Ask an expert.

Taxes and obligations

Portugal taxes by residence, not citizenship. A passport alone creates no Portuguese tax obligations for the child or parents and removes none elsewhere.

• Parents living in Portugal for 5 years are usually Portuguese tax residents taxed on worldwide income. The non-habitual resident regime has been closed to new residents since 2024. Details: taxes in Portugal.
• For Russian citizens: since 8 August 2023 Russia has suspended key provisions of its double tax treaty with Portugal; factor this into income planning.

What a Portuguese passport gives the child

European Union citizenship with the right to live, study and work anywhere in the European Union. In September 2026 the Portuguese passport gives visa-free, visa-on-arrival or electronic authorisation access to 185 destinations; the United States, Canada and the United Kingdom require ESTA, eTA and ETA authorisations, not visas. Compare with other documents in passports of the world.

Portugal does not require renouncing other citizenships. What your country's law says and how to cross borders with two passports is in our article on dual citizenship.

What to know before you apply

• A birth on a tourist visa achieves nothing. Without a parent's 5 years of legal residence the child is born a foreigner. Birth tourism to Portugal is over.
• Migration agency queues and status gaps cost years. The wait for the first card does not count, and time without a valid document drops out. Each such month pushes back the date from which a child can be born Portuguese.
• The procedure has not settled. The Nationality Regulation was due by mid-August 2026; we found no published text. Some official information pages still showed old wording after the reform. Check the declaration procedure with the registry before the birth.
• Golden Visa with minimum presence. Formally legal residence, but there is no practice yet under the new rule for investment residence permit holders who spend only the minimum in Portugal (7 days in the first year and 14 days in each following 2-year period).
• Court challenges. The new rules can be challenged in court or via the Ombudsman. The outcome is unknown; do not build a plan on it.
• A child born before 19 May 2026. As a rule, citizenship by birth follows the law in force on the date of birth, and applications filed before 19 May follow the old rules. If a parent had a year of residence at the birth but citizenship was not recorded at registration, Murblz specialists review the case before anything is filed.
• No guarantees. The registry, the migration agency and the Ministry of Justice decide; all timelines are estimates, not promises.

Alternatives: where it is easier for the child and the family

For citizenship by birth plus a fast route for parents, Portugal after 2026 loses to countries with unconditional birthright citizenship:

Which option suits whom

• Families with 5 or more years of legal residence in Portugal. File the declaration with the birth registration: the child is Portuguese by origin.
• Families in years 1-4. The child gets a permit, then citizenship by naturalisation once a parent has 5 years. Avoid any gaps in status.
• Those planning a move only for the child's passport. Portugal is a long road; Latin America is faster. See our country comparison for giving birth abroad.
• Citizens of the European Union and Portuguese-speaking countries. The same 5 years for the child, but 7 years instead of 10 for the parents' naturalisation.

More on the country: Portugal; other countries for remote workers: digital nomad visas.

What a Portuguese passport gives you

How to get Portuguese citizenship for a child under the new rules

FAQ

185 visa-free destinations with a Portuguese passport