Children of foreign parents born in Portugal

How to register the birth, apply for the residence permit of a child born in Portugal (article 122(1)(a) to (d)), the parents' permit (paragraph 4 and point (k)) and the minors' registration credential, with documents and the link to nationality.

Reviewed on 11 official references7 min read

Translated from the Portuguese original. Official Portuguese terms are kept in italics so you can match them to forms and websites.

In short

  • Birth registration is free and compulsory, and can be done online, at a civil registry office or at the Nascer Cidadão counter in the maternity unit.
  • A child born in Portugal to a residence permit holder can apply for a residence permit without a visa (article 122(1)(a)); AIMA gives a six-month deadline from the birth registration.
  • If the minor attends pre-school, basic, secondary or vocational education, point (b) covers them, and paragraph 4 lets the parents apply at the same time.
  • A parent of a minor child with Portuguese nationality living in Portugal can apply under point (k).

A child has been born in Portugal and the parents are foreign. There are three things to deal with, in this order: the birth registration, the child’s residence status and, where relevant, the parents’ status. This guide covers each. Nationality has its own guide, linked at the end. For the general picture of AIMA, see the guide on the residence permit.

1. Registering the birth

According to the Ministry of Justice, birth registration is free and compulsory. It can be done:

  • at the hospital or maternity unit, at the Nascer Cidadão counter, which registers the birth and requests the child’s first Citizen Card in the same visit, before the mother is discharged;
  • online, at nascimento.justica.gov.pt, with authentication by Chave Móvel Digital, Citizen Card or eIDAS (many foreign parents have none of these, in which case you register in person);
  • in person, at a civil registry office, where you can take an online ticket.

The parents can register, as can anyone with their written authorisation, the closest relative who knows of the birth, or the head of the health unit. If the parents are not married, the father should attend to acknowledge paternity, or do so later. The Nascer Cidadão page mentions 20 days to register online or at a registry office when the birth was not registered at the hospital counter. Bring the parents’ identification, the name chosen for the child, the place of birth and the grandparents’ names.

Because Nascer Cidadão also requests a Citizen Card, ask at the counter how that applies to a child who is not Portuguese. Keep the birth certificate, because almost every application below asks for it.

2. The child’s residence permit

Article 122(1) of Lei 23/2007 waives the residence visa, for applying for a temporary residence permit, in these situations tied to birth in Portugal:

Point Who
(a) Minor children of foreigners holding a residence permit, born in Portugal
(b) Minors born in Portugal who have stayed here and attend pre-school, basic, secondary or vocational education
(c) Children of residence permit holders who have come of age and have lived habitually in Portugal since age 10
(d) Adults born in Portugal who have not been absent or who have lived here since before age 10

Applications use Modelo 1 (mandatory) and, where it applies, Modelo 4. See the guide on AIMA forms.

Point (a): babies and children of permit holders

According to AIMA, the legal basis is point (a) of article 122(1), read with article 61(2) of Decreto Regulamentar 84/2007. The application must be submitted within six months of the birth registration, by either parent. After that, AIMA says any citizen can ask the curador de menores to step in and apply on the parents’ behalf.

Documents (according to AIMA):

  • the child’s valid passport;
  • a sworn declaration of your address and the basis on which you occupy the home (owner or usufructuary: land registry certificate or access code; tenant or other occupant: a declaration from the landlord or the entity providing the home);
  • proof of means of subsistence (see the guide on means of subsistence);
  • the birth registration certificate;
  • a consular registration certificate with a photo, or a valid passport.

Point (b): children in pre-school, basic, secondary or vocational education

AIMA says this route covers only minors attending these levels. In addition to the documents above (passport, address declaration, means, birth certificate), you add a school declaration confirming enrolment and attendance.

On absences, AIMA says occasional or short trips, if justified, do not stop the application. Long absences, beyond school holidays, must be justified, and lead to refusal if the parents also had unjustified absences. A child not attending pre-school because there is no place at the local public school is not an obstacle: add the enrolment certificate and a school declaration confirming there is no place. See also the guide on your children’s school.

Points (c) and (d): children who grew up here

For point (c) (children of holders who are now adults and have been in Portugal since age 10), AIMA asks for a passport, an address declaration, means of subsistence, proof of NIF and NISS and proof of residence in Portugal, with a template. For point (d) (adults born here), the list adds the birth certificate. The guides on the NIF and the NISS explain how to get those numbers.

When the permit can fall

Article 122(5) says that if the minor, without a valid reason, stops attending pre-school or basic education, the permit under point (b) (and the parents’ permit under paragraph 4) is cancelled or not renewed. For secondary and vocational education, paragraph 6 says it can be cancelled or not renewed. If a child has to interrupt their studies, talk to the school and to AIMA before the renewal.

3. The parents’ residence permit

There are two routes. Confirm with AIMA which applies to your case.

Article 122(4) (parents of a point (b) minor). The law grants a residence permit, also without a visa, to the parents (first-degree ascendants) who effectively exercise parental responsibility, and the applications can be made at the same time as the child’s. According to AIMA, you add: a valid passport; an address declaration; proof of means (an employment contract or promise of one, a services contract, or a declaration of starting self-employment); a criminal record certificate from the country of nationality or where you lived for over a year before coming, duly authenticated; the child’s authenticated birth certificate; proof that you exercise parental responsibility (there is a template); and a school declaration.

Point (k). This applies to people with minor children of Portuguese nationality who live in Portugal, over whom they exercise parental responsibility and whom they support and educate. According to AIMA, the application includes a passport, an address declaration, means, an authenticated criminal record certificate, NIF, NISS, the child’s authenticated birth certificate, and proof that you exercise parental responsibility and contribute to maintenance (there is a template).

For proof of means in each case, use the guide on means of subsistence.

4. Minors’ registration credential

For minors in an irregular situation in Portugal (AIMA gives the example of an expired stay visa), the parents or legal guardians can request registration of a foreign minor by email to registo.menores@aima.gov.pt. AIMA replies with the list of documents. After review, the applicant receives the minors’ registration credential, which is shown at health centres and school groups so the minor can access health care and education.

Documents requested, according to AIMA, as separate files in a single email: ID of the parent or person responsible; the minor’s passport showing biometric data, the visa photo and the entry stamp; a birth certificate or other proof of parentage; a current photo of the minor. AIMA then sends a data table to fill in. The credential is emailed to the person responsible for the child’s education. A second copy is requested when the address or phone number of that person changes, or if it is lost. Renewal follows the same procedure as the request.

Ask AIMA whether this credential is useful in your case, as opposed to a residence permit. To find the right counter, use the Where to be served page.

5. Nationality

The Nationality Act has its own routes for children of foreigners born in Portugal. Because they changed with Lei Orgânica 1/2026, this guide does not repeat them: see the guide on nationality, in the section on other situations with their own rules. A residence permit for the child does not replace that application.

Tying it together

If the parents still need to apply for family reunification for other children, see the guide on family reunification. For the family benefit, see child benefit. For the health user number, the SNS guide.

Quick checklist

  • Have I registered the birth? Do I have the certificate?
  • Which point of article 122 applies to my child?
  • Am I within the six months (point (a))?
  • Do I have the child’s passport, the address declaration and proof of means?
  • Does the child attend school and do I have the school declaration (point (b))?
  • Do the parents need to apply under paragraph 4 or point (k)?

Frequently asked questions

Do I need a visa for my child born in Portugal?

Not in the cases of article 122(1)(a) to (d) of Lei 23/2007: the law waives the residence visa for applying for a temporary residence permit. Point (a) is for minor children of residence permit holders, (b) for minors born here who attend education, (c) for children of holders who came of age and have lived here since age 10, and (d) for adults born here.

How long do I have to apply for the baby's residence permit?

For point (a), AIMA gives six months from the birth registration, and either parent can apply. After that, AIMA says any citizen can ask the curador de menores (the minors' guardian official) to step in on the parents' behalf.

Do the parents also get a residence permit?

Article 122(4) grants one to the parents (first-degree ascendants) of minors covered by point (b), provided they effectively exercise parental responsibility, and the applications can be made at the same time. Point (k) is for people with minor children of Portuguese nationality who live in Portugal.

Does the child lose the permit if they stop going to school?

Under article 122(5), if the minor, without a valid reason, stops attending pre-school or basic education, the permit under point (b) and paragraph 4 is cancelled or not renewed. For secondary and vocational education, paragraph 6 says it can be cancelled or not renewed.

Can my child be Portuguese?

The Nationality Act has routes for children of foreigners born in Portugal, which depend, among other things, on the parents' legal residence. See the nationality guide and confirm with the IRN.

Official references

Always check here before you act. Rules change, and the official source takes precedence over this guide.

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