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Q: dual citizenship US/Spain (minor coming of age) ( No Answer,   2 Comments )
Question  
Subject: dual citizenship US/Spain (minor coming of age)
Category: Relationships and Society > Law
Asked by: fallingwater-ga
List Price: $10.00
Posted: 15 Aug 2005 11:24 PDT
Expires: 18 Aug 2005 16:18 PDT
Question ID: 556020
I was born in 1987 in Maryland to an American mother married to my
Spanish (citizen) father.  My father registered my birth with the
Spanish embassy in Washington, D.C. and I was issued a Spanish
passport.  I also was issued a US passport.  Several years later my
parents divorced and my natural father returned to Spain and ceased
communication with my mother and me.  A few years later my mother
remarried a man who adopted me as his child.  To accomplish this, my
natural father's parental rights were terminated by the court on the
grounds of abandonment.  The adoption was granted and my name was
changed to reflect the new family name.  A new birth certificate was
issued with the name change and showing my adoptive father now as my
father.
My questions are:  Do I have dual citizenship, especially in light of
the termination of parental rights and, if so, can this be retained
following my upcoming 18th birthday in October?  Should I reapply for
a new Spanish passport  and if so, will this increase my chances for
retaining both citizenships upon turning 18?  Please site the source
of your information.
Thank you.
Laura R.
Answer  
There is no answer at this time.

Comments  
Subject: Re: dual citizenship US/Spain (minor coming of age)
From: myoarin-ga on 16 Aug 2005 14:42 PDT
 
Laura,

This is just a free comment and not an "official answer" and also not
legal or professional advice, as you can read in the disclaimer below.
I think you will need such, since your situation is complicated by
your adoption.  But perhaps this can help.
You are right to ask now, since as you can read below, Spain wants you
to declare that you want to remain a Spanish citizen before your 18th
birthday.
Spain does not recognize dual citizenship, but it cannot do anything
if USA continues to consider you a citizen, which it does in most
cases these days, especially with native born Americans (you), unless
they specifically declared that they give up their US citizenship.
If I understand correctly, you have (had) a Spanish passport,
presumably now expired, and presumably with your natural father's
surname.  Does the original birth certificate still exist?  (I never
imagined that a new birth certificate with the name of the adopting
father would be issued.)  This is necessary to present when applying
now for continuing recognition of your Spanish father as the basis for
your remaining a Spanish citizen.  The hospital may be able to provide
an official copy of the original birth certificate.

But you have the big problem, it seems, of having to justify to the
Spanish officials that now with your new surname you are truly
interested in remaining/becoming a Spanish citizen, something one can
understand.  They may refuse, regardless if they are entirely
justified in doing so, so you will really have to know what your
rights are  - i.e., legal advice.

Sorry, that was a long explanation for the most obvious recommendation.
However, a first comment can sometimes elicit responses, especially if
someon knows that I have made a mistake, but than can only be of help.

See the sites listed below, and good luck to you, Myoarin



http://www.spain-visas.com/Spanish-Citizenship-and-Spanish-Nationality-pag7.htm

http://www.andalucia.com/law/citizenship/home.htm

This site is not official, but the statement about not losing one's US
citizenship agrees with what I have seen elsewhere:

http://www.uscitizenship.info/citizenship-library-dual.htm

Here is a broad discussion of dual citizenship:

http://www.globalpolicy.org/nations/citizen/multiple.htm
Subject: Re: dual citizenship US/Spain (minor coming of age)
From: fallingwater-ga on 18 Aug 2005 16:18 PDT
 
Myoarin,
Thank you so much for your thoughtful reply.  The links were extremely
helpful.  I have since contacted the local consulate and will be
bringing them my supporting documentation.  The person I spoke with
did not seem to think there would be a problem.  Again, thank you.
Laura

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