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How can I obtain Portuguese citizenship through a DNA test?

I would like to apply for Portuguese citizenship. My father is was born in Portugal. My mother and him were not married. He was not a legal citizen and didn't want to sign my birth certificate or be on it. Therefore he is not on it. I am planning to do an avuncular DNA test to prove paternity in the U.S., as he passed away in 2015, as well as both grandparents. Will this be accepted for me to apply for citizenship? What else could I do?


Answers
  • Lamares, Capela & Associados, Sociedade de Advogados
    November 27, 2024

    Your case is complex and requires a careful and strategic approach. The first step is to determine if you have Portuguese ancestors, such as your father, grandparents, or potentially more distant relatives. This requires obtaining and carefully analyzing their Portuguese Birth Certificates. Identifying which ancestor holds Portuguese citizenship is fundamental as it determines whether you have a valid pathway to citizenship and the specific legal requirements that will apply. If your father is not currently listed on your Birth Certificate, it will be necessary to update it in the United States, according to U.S. laws. Once paternity is recognized in the U.S., the next steps in Portugal will depend on who your closest Portuguese ancestor is and their connection to you. If your father was a Portuguese citizen, you will need to establish your filiation to him in Portugal. Since you are over 18 years old, this typically requires initiating a judicial process in Portugal to formally recognize this relationship under Portuguese law. If your father was not a Portuguese citizen but one of his parents was, it will not be necessary to prove your direct filiation to him. Instead, his filiation to his Portuguese parent would need to be demonstrated, and that may or may not imply additional steps/procedures. If only a more distant ancestor was a Portuguese citizen, you may still be eligible for Portuguese citizenship through naturalization under article 6(6) of the Portuguese Nationality Law, which allows for derived citizenship without requiring proof of direct filiation between every individual in the lineage. This is general advice based on the information provided, which lacks key details necessary for a definitive response. While the pathway to Portuguese citizenship is not guaranteed in this case, it is definitely not impossible. More specific details and a thorough analysis are essential to provide a tailored recommendation. Should you require assistance in any of the steps, we would be happy to help. Best regards, *DIOGO CAPELA* Sócio | Partner ------------------------------ Lamares, Capela & Associados T. (+351) 914 194 652 E. dc@lamarescapela.pt www.lamarescapela.pt Av. de Berna, nº 11, 3º andar, 1050-036 Lisboa [image: Facebook] <https://www.facebook.com/lamarescapela/> [image: LinkedIn] <https://www.linkedin.com/company/lamarescapela/> [image: Instagram] <https://www.instagram.com/lamarescapela/>

  • November 14, 2024

    To apply for Portuguese citizenship based on first degree descent, birth certificate of the applicant and birth certificate of the Portuguese parent will be needed.