Statelessness-prevention jus soli — otherwise stateless (Art 1(1)(g))

PT-BTH-03 is the statelessness-prevention jus soli provision under Portuguese nationality law. It confers Portuguese nationality automatically — without declaração de vontade — on any individual born in Portuguese territory who would otherwise be stateless: that is, who acquires no nationality from any other State by reason of birth.

The provision implements Portugal's obligation under Art 1 of the 1961 Convention on the Reduction of Statelessness, to which Portugal acceded on 1 October 2012 without reservations. It is also consistent with the European Convention on Nationality (ECN, CETS 166), to which Portugal is a full party (ratified 15-10-2001, EIF 01-02-2002; RAR 19/2000 + DPR 7/2000 + Aviso 120/2001).

Art 1(1)(g) has been part of Lei 37/81 since its founding in 1981 and was not modified by Lei Orgânica 1/2026 (EIF 2026-05-19). It is currently operative in its original W2 form.

This route is distinct from:

• PT-BTH-04 (foundling presumption, Art 1(2)) — which addresses newborns of unknown parentage found in Portugal and uses a rebuttable presumption of birth in Portugal combined with Art 1(1)(g).
• PT-NAT-03 (naturalisation of recognised stateless persons, Art 6(3)) — which applies to persons who became stateless after birth and have resided in Portugal for four years.

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A child acquires Portuguese nationality under Art 1(1)(g) if, at the moment of birth, all of the following conditions are met:

1. Born in Portugal — birth must occur in Portuguese territory (including Azores and Madeira, CRP Art 225(3)).

2. No other nationality acquired by reason of birth — the child does not acquire any nationality from any State under the laws of that State by reason of: (a) parentage (jus sanguinis from either parent); (b) place of birth (jus soli in any other State); or (c) any other automatic-attribution mechanism that would take effect at birth. The condition is assessed at the moment of birth by reference to the nationality laws of the parents' States of nationality and any other potentially applicable State.

3. No declaração required — attribution is automatic. There is no opt-in or opt-out procedure.

4. The diplomatic immunity carve-out does not apply — where a parent is in Portugal in the service of a foreign State (with diplomatic/consular immunity), the child may still benefit from Art 1(1)(g) if the parentage-based jus sanguinis of the parent's home State does not operate to confer nationality on the child. The carve-out in Art 1(1)(f) (limiting conditional jus soli to children of parents "not in service of their State") does not appear in the text of Art 1(1)(g), which is framed around the outcome of statelessness rather than parental status.

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Documentary requirements at the CRC for an Art 1(1)(g) attribution:

• Child's birth certificate — birth in Portugal (assento de nascimento or registration of foreign birth certificate if relevant).
• Both parents' nationality/citizenship documents — passports, national identity cards, or certificates of nationality, establishing their countries of nationality.
• Evidence that the child does not acquire nationality from any other State — this may include:
• Official statements or letters from the parent's State of nationality confirming that nationality is not conferred on children born abroad in the specific circumstances (e.g., States that do not transmit jus sanguinis).
• Legal opinions or country-information material on the foreign nationality law if official confirmation is unavailable.
• Declarations from the parents.
• Statelessness supporting documentation — if the parents are themselves stateless (apátridas), documentation of that status (e.g., UN travel document, recognised stateless person certificate).

In practice, establishing that no other nationality is acquired can be administratively complex and may require consular inquiries or expert evidence on foreign law. The CRC has discretion in how it assesses this condition.

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Process:

1. File a registration/nationality-attribution request at the competent Conservatória (or via the CRC central portal or consular post).
2. Present documentation establishing birth in Portugal, parental nationality, and the absence of any other nationality acquisition at birth.
3. The CRC assesses the foreign nationality law evidence and, if satisfied, notes the nationality as originária on the birth registration.
4. A Certidão de Nascimento will reflect Portuguese nationality.

Appeals: Adverse decisions lie to the administrative courts and, on further appeal, to the Supremo Tribunal Administrativo (STA), not the STJ (civil courts).

AIMA has no role in jus soli attributions.

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Art 1(1)(g), Lei 37/81 (founding 1981 redação, unchanged by LO 1/2026): Portuguese nationality is attributed by birth in Portuguese territory to individuals who would otherwise be stateless — that is, who would not acquire any nationality through the circumstances of their birth under the law of any other State.

The provision implements the principle that no child born on Portuguese soil shall be rendered stateless. CRP Art 4 anchors citizenship to be defined by law or international convention, and the absolute floor against statelessness (combined with the ECN and 1961 Convention obligations) is constitutional in character.

International Treaty Basis

Portugal is a full party to the three principal statelessness-related international instruments:

• 1954 Convention relating to the Status of Stateless Persons (accession 01-10-2012; Art 38(1) reservation excluding CPLP/EU preferential regime from MFN treatment; Source: S-E1-01, T1).
• 1961 Convention on the Reduction of Statelessness (accession 01-10-2012; NO reservations; Source: S-E1-02, T1). Art 1 of the 1961 Convention requires a Contracting State to grant nationality to a person born in its territory who would otherwise be stateless; Art 1(1)(g) of Lei 37/81 directly implements this obligation.
• ECN (CETS 166) (signed 06-11-1997; ratified 15-10-2001; EIF 01-02-2002; RAR 19/2000 + DPR 7/2000 + Aviso 120/2001; Sources: S-E1-03, S-E1-04, S-E1-05, T1).

Portugal is the cohort "full house" — party to all three instruments without the gaps affecting comparator jurisdictions (Spain is non-signatory to the ECN; Poland is non-party to the 1954 Convention and has signed but not ratified the ECN; Italy is party to the 1961 Convention and has signed but not ratified the ECN). This framing is stated on Portugal's own terms; no cross-jurisdiction inference is drawn.

Effect of Acquisition

Attribution under Art 1(1)(g) confers originária Portuguese nationality with effects ex tunc from birth (Art 11, Lei 37/81). The child is regarded as Portuguese from the moment of birth, not from registration.

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