A Cuban woman has managed to obtain Spanish nationality after the Provincial Court of Madrid revoked a previous decision of the Consulate General of Spain in Havana.
The Provincial Civil Court of Madrid has issued a ruling that changes the criteria that the Civil Registry of the Consulate General of Spain in Havana has applied for years.
This criterion limited the granting of Spanish nationality to those whose mothers were married to another man, who was not the biological father, at the time of their birth.
The legal team of Ariel Fraga, managing partner of FRAGA & ABOGADOS, has achieved this significant achievement. For years, the Consulate has applied the principle of presumption of paternity in favor of the mother’s husband to deny or limit access to Spanish nationality to many Cubans, they explain in a use From Facebook.
In the case that led to this ruling, Fraga’s client requested Spanish nationality when she was a minor, since she was under the parental authority of her father, a Cuban who had obtained Spanish nationality through the Law of Historical Memory.
Although his mother was married to another man at the time of his birth, the Cuban civil registrar recognized the paternal filiation in favor of the biological father.
The door to Spanish nationality opens for many Cubans.
The Spanish Consulate in Cuba had denied nationality to Fraga’s client, arguing that the legal father was the man to whom the mother was married at the time of the minor’s birth.
However, the defense argued that the Cuban birth registration, a public and unquestionable document, accredited paternal filiation, which meant that the minor was under the parental authority of her father.
The Court of First Instance No. 87 of Madrid initially ruled against Fraga’s interests, but this decision was overturned by the Nineteenth Section of the Madrid Provincial Civil Court.
This ruling is transcendental for hundreds of Cubans, since it opens the possibility of appealing the denial decisions of the Spanish Consulate in Havana, or of resubmitting the file if the requirements of the current Eighth Additional Provision of the Law of the Democratic Memory.
Can check all the details of this case in the profile of Ariel Fraga, Lawyer and Managing Partner of FRAGA & ABOGADO.
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