Act 36/2002 of 8 October, modifying the civil code in the matter of nationality, which came into effect on 9 January 2003, contains a number of new developments, of which the following are the most noteworthy:
1st - OPTION (Art. 20 Civil Code).- Those persons whose father or mother was originally Spanish and born in Spain may opt for Spanish nationality, with no age or time limit. However they must renounce their previous nationality, unless they hold the nationality of a Spanish-American country, Andorra, Philippines, Equatorial Guinea or Portugal (art. 24.1 C.C.).
2ª - LOSS AND CONSERVATION (art. 24 C.C.).- Spanish nationals who living abroad voluntarily acquire a foreign nationality may avoid the loss of their Spanish nationality if they declare their wish to conserve it within three years of the time it was acquired in a consular registry office. The declaration of conservation will be unnecessary in the countries mentioned in article 24.1. of the Civil Code.
Those persons born abroad to parents who were also born abroad lose their Spanish nationality if they do not declare their wish to conserve it before a consular registry office within three years of the date of their coming of age or emancipation. Otherwise they will lose their Spanish nationality, even when they are from one of the countries mentioned in art. 24.1 C.C. This rule will only be applied to those who come of age or are emancipated after 9 January 2003 (second additional provision).
3ª - RECOVERY (art. 26 C.C.).- Those persons who have lost their Spanish nationality may now recover it without renouncing their previous nationality.
4ª - GRANDCHILDREN OF SPANISH NATIONALS (art. 22.2. f) C.C.).- Those persons with a grandmother or grandfather who was originally Spanish may apply for Spanish nationality by means of one year’s legal residence in Spain. This procedure must be initiated by the Head of the Registry Office in the Spanish place of residence, and is resolved by the Ministry of Justice.