New born child in Spain
First of all, you should understand that you have the right to reproduce in Spain regardless of whether both parents are legal in Spain or not. Everyone is free to have children, even if they are illegal immigrants, and the state will grant free medical care. The medical services for underage children in Spain are the same as for locals, including all kinds of diseases, vaccinations, medical examinations, hospitalization, surgery, specialist doctors, etc.
Can parents obtain residence on the basis of having a child?
The law does not give you a residence permit just because you have a child in Spain.
The Aliens Law states that foreigners born in Spain can enjoy the same residency rights as their parents. Only children of immigrants who have legal status in Spain are entitled to legal residence in Spain. To apply for a residence permit for a child, one of the parents must have a residence permit. If one of the parents does not have residence and the other has it, then the child can obtain it.
If both parents do not have a residence permit, the child can only be granted legal status if one of the parents has obtained a residence permit later.
According to the above, if both parents do not have residence permit, the child will not have residence, and therefore it is not possible for the parents to obtain residency by having a child.
Can I apply for residence after my child has been granted Spanish citizenship?
Yes, you can. The Aliens Act states that if you have children of Spanish nationality, you can apply for a special type of family rootedness (arraigo familiar).
