Spanish Women Does Not Transmit Nationality
Historical Memory Law / / November 13, 2021
Yes, Spanish women did not transmit their nationality before 1978, since her children followed the nationality of the father and only in case of being born to an unknown father did the mother obtain the homeland power:
Article 154
The father, and failing that, the mother, have power over their legitimate, non-emancipated children.
Many asked us why Spanish women did not transmit their nationality and why Spanish grandchildren are excluded from the law of historical memory and not only that, the woman lost her Spanish nationality by marrying a Foreign. It was not until the 1978 constitution in what is known as the transition to democracy that women passed nationality to their children. It's a shame, but it's true and it's very macho.
When the children of a Spanish mother were born to a foreign father, the children followed the nationality of the father, which is why the children of a Spanish mother were not born Spanish. Therefore, although they can now access nationality by option, they cannot recover. They seem like laws of the last century and well, they really are.
Article 22 of the Spanish civil code in force from 1889 to 1954 says:
Article 22
The married woman follows the status and nationality of her husband.
Worse still, many women were left without nationality and never knew it. It is an injustice and the excluded grandchildren demand moral reparation for such arbitrariness. Let us thank the PSOE for the approval of an incomplete and discriminatory law towards grandchildren for grandmother and also a general boo for the rejection of the PP proposal to extend the law to all grandchildren. Come Zapatero, we are waiting for a true moral reparation and not just a patch on injustices.