PRIVATE P2 WORKING PAGE — not an active pilot yet.
Scope. Child born in Spain: Spanish birth registration/filiation, nationality-at-birth analysis, Belarus citizenship by birth, Spanish residence documentation, missing Belarus passport and later travel/return.
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Draft child-born-in-Spain solution in brief
Do not treat “child born in Spain to a Belarusian parent” as one document problem. The file must be split into four legal functions: (1) Spanish birth/filiation registration; (2) nationality at birth; (3) Spanish residence/identity documentation if the child remains foreign; and (4) international travel/return. Spanish birth registration proves the birth/filiation facts but does not by itself decide nationality or create a travel document. The current project verification of Belarus Law No.136-Z indicates that, where at least one parent was a Belarusian citizen at birth, Belarusian citizenship is attributed by birth; therefore the ordinary Spanish Código Civil art.17.1(c) branch is not used merely because the child was born in Spain, though every other art.17 branch and the second parent's law/status must still be checked. If the child remains foreign and art.159 RD 1155/2024 applies, Spain requires an in-force passport, recognised travel document or cédula de inscripción for the child and applying parent. Where the Belarus passport is unobtainable, test the Spanish cédula/documentation route rather than treating a Belarus return certificate as an automatic residence document. Travel remains a separate P1.2 issue.
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Primary project record: Child born in Spain without Belarusian passport / return certificate / Spanish residence
Travel cross-reference: P1.2 — Travel and return
Ley 20/2011 art.44 separates the foundational fact from later status questions: the Spanish birth registration records the fact/date/place of birth, identity and, where applicable, filiation.
The first output is therefore:
Spanish birth certificate / Registro Civil record with correctly established filiation.
Do not condition Spanish birth registration on first obtaining a Belarus passport for the newborn where Spanish civil-registration law does not make that passport the constitutive fact.
The file must test Código Civil art.17 branch by branch:
Project Belarus-law verification establishes that Belarus Law No.136-Z attributes Belarusian citizenship by birth where at least one parent was Belarusian at the date of birth, regardless of place of birth.
Consequence: where that Belarus attribution is established, the child is not treated as falling into Spanish art.17.1(c) merely because no Belarus passport has yet been issued.
Absence of a passport is not the same as absence of nationality.