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The baby’s citizenship and the parents’ residency after a birth in Argentina: what, where and in which order

The baby is Argentine by birth; parents get temporary residency for up to 3 years, and citizenship only later under contested rules. All steps in order: partida, DNI, passport, home-country citizenship, RaDEX, precaria, foreigner DNI.

Nace Argentina Editorial Updated October 17, 2026 5 min read
Casa Rosada on Plaza de Mayo. Photo: Josefito123 / Wikimedia Commons, CC BY-SA 4.0, cropped
01

In short

A baby born in Argentina is an Argentine citizen by birth, whatever the parents’ nationality (Ley 346, art. 1). Nothing has to be “applied for”: birth registration, the DNI and the passport confirm it.

Parents do not become citizens automatically. Each of them applies for temporary family-reunification residency for up to 3 years (since DNU 366/2025 it is no longer permanent). A precaria is issued while the case is reviewed and a foreigner DNI after approval. Parents can naturalise later, but those rules are currently contested in court.

02

All steps in order

  1. Birth registration at the Civil Registry — within 40 days, often inside the clinic; you get the partida.
  2. The baby’s DNI — free up to 6 months; started at registration.
  3. Argentine passport — after the DNI; the baby leaves the country on it.
  4. Apostille on the partida — Argentine Foreign Ministry, online via TAD.
  5. Home-country citizenship — at the consulate, by appointment.
  6. Parents’ residency — online via RaDEX: first the precaria, then temporary residency up to 3 years.
  7. Foreigner DNI — after the residency is approved.

Steps 1–4 in detail — “Your baby’s documents after birth”; step 5 — “Russian citizenship for a child born in Argentina” and “Birth by nationality”; steps 6–7 — “Parents’ residence and DNI”. Every deadline from arrival to the parents’ DNI is in “Step by step”.

03

The baby’s citizenship: Argentina and the parents’ country

  • Argentine citizenship comes from being born in the country; the exception is children of foreign diplomats.
  • Home-country citizenship is processed at that country’s consulate — see Birth by nationality.
  • Argentina allows dual citizenship; whether the parents’ country recognises it depends on the country (Kazakhstan and Belarus, for example, do not).
  • How to spell names so both countries’ documents match — “Patronymics in foreign documents”.
04

Parents’ residency: what changed and how to apply

The ground is the Argentine child (Ley 25,871, art. 23 ñ as amended by DNU 366/2025); residency is temporary, up to 3 years, renewable. Each parent applies separately, online via RaDEX and only while legally in Argentina — do not let your tourist stay expire before filing. You need a passport, the baby’s partida and DNI, criminal records from countries where you lived over a year in the last three years (apostilled, with a sworn translation) and proof of address.

Fees, precaria deadlines, renewal and what happens after a long trip abroad are covered in “Parents’ residence and DNI” and “Precaria”.

05

Parents’ citizenship: later, under contested rules

Under DNU 366/2025 naturalisation is handled by Migraciones and requires two years of continuous legal residence with no trips abroad; the precaria does not count. Several courts in 2026 declared these rules invalid for individual applicants, and the Yang case reached the Supreme Court on 7 October 2026. Until there is a final decision, the route is chosen case by case with a lawyer — see “Argentine citizenship in 2026”.

06

Common mistakes

  • Filing for residency after the tourist stay has expired.
  • Different Latin spellings of the surname in passports and the partida.
  • Not apostilling the partida before the consulate appointment.
  • Assuming the birth gives parents permanent residency or citizenship right away.
  • Long absences on temporary residency without Migraciones’ permission.
07

How we help

We handle the whole chain: birth registration, the baby’s DNI and passport, the apostille and consulate appointment, the parents’ RaDEX filing and foreigner DNI. Parents’ residency is included in the Comfort and Premium packages — compare on Premium or on your own.

All residence categories, fees and the path to citizenship are in "Residence and permanent residence in Argentina in 2026".

How to apostille the birth certificate — through TAD, the Colegio de Escribanos or a consulate — is in "How to apostille an Argentine birth certificate".

Frequently asked questions

Does a baby born in Argentina to foreign parents become an Argentine citizen?

Yes, a baby born in Argentina is an Argentine citizen by birth, whatever the parents' nationality (Ley 346, art. 1). Nothing has to be applied for: birth registration, the DNI and the passport confirm it; the exception is children of foreign diplomats.

Do parents get citizenship or permanent residency in Argentina if their baby is born there?

No, parents do not become citizens automatically. Each applies for temporary family-reunification residency for up to 3 years, renewable (since DNU 366/2025 it is no longer permanent); a precaria is issued while the case is reviewed and a foreigner DNI after approval.

How do parents apply for residency in Argentina after their baby is born, and what documents are needed?

Each parent applies separately, online via RaDEX and only while legally in Argentina. You need a passport, the baby's partida and DNI, criminal records from countries where you lived over a year in the last three years (apostilled, sworn translation) and proof of address.

How long until parents of an Argentine-born child can get Argentine citizenship?

Under DNU 366/2025 it requires two years of continuous legal residence with no trips abroad, and the precaria does not count. Several courts in 2026 declared these rules invalid for individual applicants and the Yang case reached the Supreme Court on 7 October 2026, so the route is chosen case by case with a lawyer.

Sources

Checked on October 17, 2026. Residency and citizenship rules change; confirm the current procedure before you file.

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