In Spain, parenthood is no longer tied to marital status. Children born out of wedlock enjoy the same legal rights as those born within a marriage. Still, questions often arise around issues like parentage, surnames, parental authority, or inheritance.
At Legal Allies, we explain the legal framework and how to ensure your children’s rights are fully recognized—regardless of whether their parents are married.
What does Spanish law say about children born out of wedlock?
Spanish legislation clearly states that all children are equal under the law, regardless of their parents’ marital status. This principle is enshrined in Article 39 of the Spanish Constitution and reinforced in the Civil Code.
Children born out of wedlock have the same rights as those born within marriage, provided their parentage is legally established.
How is parentage established?
Parentage—the legal bond between a child and their parents—can be established in several ways:
- Voluntary acknowledgment: When a parent declares the child as their own at the Civil Registry.
- Legal presumption: For example, if a child is born during a marriage, the husband is presumed to be the father.
- Court ruling: If one parent denies parentage and the other files a legal claim.
For children born out of wedlock, if both parents sign the birth certificate, parentage is automatically recognized. If only one parent does, the other can acknowledge the child later—or be compelled to do so through legal action.
What rights do children born out of wedlock have?
The same as any other child, including:
- The right to bear the surnames of both parents.
- The right to receive child support from both parents.
- The right to inherit under the Civil Code.
- Shared parental authority, unless a court decides otherwise.
- The right to maintain personal and direct contact with both parents.
The key requirement is legal recognition of parentage, which activates all these rights.
What responsibilities do parents have?
Marital status does not affect parental duties. Both parents are legally obliged to:
- Provide food, education, medical care, and general well-being.
- Make key decisions about the child’s life (schooling, health, residence).
- Maintain a stable and safe relationship with the child.
- Share parental authority, unless otherwise ruled by a judge.
Being unmarried in no way reduces parental obligations.
What if one parent refuses to acknowledge the child?
In that case, the other parent can file a legal claim for parentage at the family court. This may involve DNA testing, witness statements, or documentary evidence. Once parentage is legally established, all associated rights and obligations come into effect—including child support.
How can Legal Allies help?
At Legal Allies, we assist parents and legal guardians in protecting their children’s rights from the start by offering:
- Legal advice on parentage recognition procedures.
- Drafting of parenting agreements covering custody, visitation, and child support.
- Legal representation in court for parentage or unpaid support cases.
- Translation and management of international documentation—especially when one parent lives abroad.
- Multilingual support in 14 languages and accessible service channels for foreigners and multicultural families.
Our mission is simple: to ensure no child is denied their rights due to bureaucracy or parental disagreement.
Children born out of wedlock in Spain have the same rights as any other minor. What truly matters is legal recognition of parentage. Once that’s in place, the child’s familial, economic, and inheritance rights are fully protected.
If you need guidance on how to recognize your child, claim paternity, or manage custody and support, Legal Allies is here for you—with clarity, warmth, and real legal expertise.
