The so-called Grandchildren Law allows certain descendants of Spaniards living abroad to obtain Spanish nationality. The measure is part of the Democratic Memory Law, approved in 2022, and seeks to repair the consequences of exile during the Civil War and the Franco dictatorship.
However, the norm is at the center of a judicial controversy. The Supreme Court has provisionally suspended the right to vote of some of the people who obtained nationality through this route, while it is verified whether they meet the legal requirements to prove that their ancestors suffered exile.
What is the Grandchildren Law, who can apply for it, and why was it approved?
The Grandchildren Law is the popular name for a provision included in the Democratic Memory Law of 2022. It is not an independent law, but a measure that allows certain descendants of Spaniards to apply for Spanish nationality. Its objective is to repair the consequences that the Civil War and the Franco dictatorship had for families who had to leave Spain for political, ideological, religious reasons or for other reasons included in the norm.
People born outside Spain whose father, mother, grandfather, or grandmother were Spanish by origin and had suffered exile can apply for this route, if they meet the legal requirements. The norm also includes children born abroad to Spanish women who lost their nationality when marrying foreigners before the 1978 Constitution, as well as certain adult children of those who obtained nationality through this route or through the Historical Memory Law of 2007.
Therefore, having a Spanish father, mother, or grandfather does not automatically guarantee nationality. It is necessary to meet the conditions provided by law and submit the corresponding documentation.
Why has the Supreme Court suspended the vote and who does it affect?
The Supreme Court agreed in September 2026 to provisionally suspend the electoral effects of registrations in the Electoral Census of Absent Residents (CERA) of certain beneficiaries of the Grandchildren Law. The decision affects those who do not prove that their ancestors suffered exile in the terms required by law.
The controversy focuses on a government instruction that established that the condition of exile could be presumed for those who left Spain between July 18, 1936, and December 31, 1955, provided they accredited their departure from the country. The Supreme Court has ordered to check if those affected meet the legal requirements and to distinguish the files according to the method used to recognize exile. The suspension does not mean that these people lose their Spanish nationality. The measure temporarily affects their right to vote while their electoral situation is reviewed. The court justified its decision by the need to verify the regularity of the census and preserve the transparency of electoral processes.
Therefore, the main issue is not whether the beneficiaries retain Spanish nationality, but whether they meet the requirements to exercise the right to vote. The final resolution will determine how the rule should be applied and what consequences it will have for the affected individuals.
