Report on Citizenship Law: Portugal
naturalisation. Acquisition of citizenship after birth does not occur automatically in any of these
cases. It depends on non-opposition from the state (for acquisition after birth through adoption
or personal wish) or a government act (for acquisition through naturalisation).
Acquisition by adoption
‘The adopted by Portuguese national acquires the Portuguese nationality’ (art. 5 of the
Nationality Act). This is an ex lege acquisition, with no need for an expression of intent: all that
is required is that the registration of the birth of the child in question clearly states that he or
she was adopted by a Portuguese national (art. 17 of the Nationality Regulation).
Filial transfer of citizenship
Minors or disabled children with a mother or father who acquires Portuguese citizenship (for
example, by naturalisation) can acquire Portuguese citizenship by declaration (art. 2 of the
Nationality Act).54
Spousal transfer of citizenship
A foreigner who has been married for more than three years to a Portuguese national can acquire
Portuguese citizenship by declaration made by virtue of marriage (art. 3(1) of the Nationality
Act).55
Partner transfer of citizenship
A new mode for acquiring citizenship, added by the 2006 reform,56 allows for the acquisition
of Portuguese citizenship by an unmarried partner who has lived with a Portuguese citizen for
more than three years (art. 3(3) of the Nationality Act). This is a voluntary type of acquisition
of citizenship, but it requires more than a simple expression of intent. The partnership must be
recognised by a civil court of law through a special procedure. Such a requirement aims to avoid
the possibility of fraud. This arrangement was proposed during the legislative process of
Organic Law 1/2004, but was not adopted. The 2006 reform took into consideration the general
Portuguese movement towards the recognition of partnerships of unmarried couples (Ramos
2007: 204). This mode of acquisition of citizenship is applied to both heterosexual and
homosexual partnerships.
54
This declaration is made by the child through the legal guardian (art. 13 of the Nationality Regulation).
The 2006 reform has maintained the three years requirement despite the fact of some parties, as the Portuguese
Communist Party (PCP) claimed to exclude it (Parliamentary Debates, Diary of the Assembly of the Republic
54, 2005: 2467). Silva also argued that the law should not give prevalence to the principle of effective citizenship
over the principle of the family unity (2004: 126).
56
This was inspired by proposals of Left Block (BE), Portuguese Communist Party (PCP) and the Greens.
55
RSCAS/GLOBALCIT-CR 2020/1 - © 2020 Author
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