Jus sanguinis — child of Portuguese national (Art 1(1)(a)-(c))

PT-DSC-01 is the primary descent route for children of Portuguese nationals worldwide. It is grounded in Art 1(1)(a), (b), and (c) of Lei 37/81, all of which have remained unchanged from the 1981 founding text through the most recent amendment (LO 1/2026, EIF 2026-05-19). This route confers originária (original) Portuguese nationality, which takes effect ex tunc from birth pursuant to Art 11 of Lei 37/81. No residence in Portugal is required, and there is no integration test, language test, or discretionary assessment. For sub-tracks (a) and (b) acquisition is automatic by operation of law; for sub-track (c) it requires registration in the Portuguese civil registry or a declaração de vontade.

This route covers the full global diaspora: descendants of Portuguese nationals in former PALOP territories (Angola, Mozambique, Cape Verde, Guinea-Bissau, São Tomé e Príncipe), Goa, Macau, Timor-Leste, and all other Portuguese-connected communities transmit nationality to their children through this mechanism so long as one parent held Portuguese nationality (originária or acquired) at the relevant time.

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No criminal bar, no integration test, no financial requirement. This route is unconditional once the parental nationality and birth sub-track conditions are met.

Dual nationality: Portugal permits dual/multiple nationality in full; no renunciation is required. Art 8 LN (voluntary renunciation) is the only loss mechanism. (See route PT-XCT-01.)

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1. Portuguese national (mother or father) at time of child's birth.
2. Birth on Portuguese territory.
3. No additional act required. Citizenship is automatic.
4. Registration of the child's birth at the Conservatória dos Registos Centrais (CRC) / local registo civil records nationality automatically.

Sub-track (b) — Born abroad, parent in State service

1. Portuguese national parent at time of birth.
2. Parent demonstrably serving the Portuguese State (post as diplomat, consular officer, military, or civil servant assigned abroad) at time of birth.
3. Birth registration abroad + posting documentation.
4. No declaração required; effect automatic.

Sub-track (c) — Born abroad, registration or declaration

Option 1 — Civil registry registration:

1. Contact the competent consulate or IRN/CRC directly.
2. File a registo de nascimento for the child born abroad of a Portuguese parent.
3. Upon registration the child is recorded as português originário.

Option 2 — Declaração de vontade:

1. The child (or legal representative if minor) declares the wish to be Portuguese before the competent civil registry or consulate.
2. No residence requirement.
3. Declaration is filed at the IRN/CRC or Portuguese consulate in the country of birth/residence.

Documentary requirements (all sub-tracks)

• Applicant's birth certificate (original + translation if not in Portuguese)
• Parent's Portuguese identification (Cartão de Cidadão, passport, or birth certificate demonstrating Portuguese nationality)
• For sub-track (b): evidence of parent's State-service assignment at time of birth
• For sub-track (c): declaração de vontade form (available at IRN/consulate) or documentation for civil-registry registration

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• IRN / Conservatória dos Registos Centrais (CRC): primary registration body for nationality matters in Portugal
• Portuguese consulates and embassies: competent to receive declarations and registrations for persons abroad
• Ministério dos Negócios Estrangeiros / DGACCP: for consular civil registry procedures

Process for sub-track (c):

1. Gather documents (birth certificates, parental nationality evidence, translations).
2. Submit to the competent consulate (if abroad) or CRC (if in Portugal).
3. The registry records the declaração de vontade and issues confirmation of nationality.
4. Obtain Cartão de Cidadão (identity/travel document) from IRN.

Appeals: Refusals of registration may be challenged before the administrative courts; the Supremo Tribunal Administrativo (STA) exercises appellate jurisdiction in nationality matters (confirmed since LO 2/2006; NOT the civil courts/STJ).

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• Art 1(1)(a) LN: Child born in Portuguese territory of a Portuguese mother or father. Automatic; no act required.
• Art 1(1)(b) LN: Child born abroad of a Portuguese parent serving the Portuguese State (diplomatic, military, or civil service posted abroad). Automatic; no act required.
• Art 1(1)(c) LN: Child born abroad of a Portuguese parent, where the birth is registered in a Portuguese civil registry or the child (or legal representative on their behalf if a minor) declares the wish to be Portuguese. This is the primary diaspora transmission sub-track.

Effect: All three sub-tracks confer originária (original) nationality with effect ex tunc from birth (Art 11 LN). This is attribution, not concessão; the acquired-nationality framework of Art 12 does not apply.

Authority: CRP Art 164(f) confirms that nationality is the exclusive non-delegable competence of the Assembleia da República, exercised by organic law. LN Art 164(f) reserva absoluta means no sub-legislative instrument can add conditions not found in the statute.

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