La Democratic Memory Act establishes in its Eighth Additional Provision the following:
- Those born outside Spain of a father or mother, grandfather or grandmother, who had originally been Spanish, and who, as a result of having suffered exile for political, ideological or belief reasons or of sexual orientation and identity, had lost or renounced Spanish nationality, may opt for Spanish nationality, for the purposes of article 20 of the Civil Code. Likewise, Spanish nationality may be acquired by persons who are in the following cases:
- The sons and daughters born abroad of Spanish women who lost their nationality by marrying foreigners before the entry into force of the 1978 Constitution.
- The oldest sons and daughters of those Spaniards to whom their nationality of origin was recognized by virtue of the right of option in accordance with the provisions of this law or in the seventh additional provision of Law 52/2007, of 26 December.
- In all cases, this declaration must be made within two years of the entry into force of this law. At the end of this period, the Council of Ministers may agree to its extension for one year.
The guidelines, criteria and application models for processing the right of option to Spanish nationality in the eighth additional provision of Law 19/2022, of October 19, on Democratic Memory, are set out in the Instruction of October 25, 2022, of the General Directorate of Legal Security and Public Faith.