Argentine nationality by option

Argentine nationality by birth

As a general principle, everyone born within Argentine territory is a native Argentine, whatever their parents' nationality. This follows the ius soli principle. There are specific exceptions, such as certain children of foreign diplomatic representatives covered by international immunities. Native nationality has a constitutional basis and, under the prevailing doctrine and case law, cannot be lost by unilateral renunciation or by the voluntary acquisition of another nationality.

Argentine nationality by option

Option corresponds to persons born abroad who are children of an Argentine father or mother and fall within the applicable legal and registry regime. It is neither a naturalization nor a discretionary grant by the State: it is the exercise of a right derived from descent.

At present, the official RENAPER portal allows the procedure in Argentina for children born abroad of native or option Argentines. When the procedure is carried out directly at a consulate, the official information limits that consular route to the children of native Argentine citizens.

Who may exercise the option?

• children born abroad of a native Argentine father or mother;
• children of option Argentines, when the procedure is carried out in Argentina under RENAPER practice;
• minors or adults;
• persons who have never resided in Argentina.

There is no maximum age limit to exercise the right. If the applicant is a minor, the declaration is made through their parents or legal representatives.

Children of naturalized Argentines

Citizenship by option is not transmitted automatically to children born abroad of a person who acquired Argentine nationality by naturalization. In a 2022 ruling, the San Martín Federal Court rejected an application on behalf of an adolescent whose parents were naturalized Argentines: it held that Law 346 grants option to the children of native Argentines and that it was not appropriate to extend that regime judicially to a different situation. The precedent helps to anticipate whether an option route exists or whether a future naturalization must be assessed.

Usual documentation

• foreign birth certificate;
• apostille or consular legalization;
• sworn Spanish translation, where applicable;
• Argentine birth certificate of the parent;
• Argentine ID (DNI) of the father or mother;
• documentation of parental responsibility or representation;
• option form or record;
• additional documentation for differences in names or transliterations.

Certificates must be reviewed before apostille and translation. Spelling differences, the use of different surnames, or the transliteration of names from Chinese, Russian, Arabic or other languages may give rise to registry objections.

Where is it done?

How we assist