A father cannot obtain a British passport for his son, even though he was born in Newcastle and has a British birth certificate.
Mike Davis, 32, has slammed the red tape which has prevented his son becoming a British citizen.
His 28-year-old Spanish partner Sylvia Zamorano, who has lived in this country since arriving as a student more than eight years ago, gave birth to baby Aitor in January.
The couple, who already have a two-year-old daughter Hannah, planned to travel to Spain next month on an extended holiday to visit Ms Zamorano's family.
But when they applied for a passport for little Aitor, they ended up empty handed.
Mr Davis, from Ferryhill in County Durham, said: "There are only two ways he can gain a British passport - either me or my partner have to get married or I would have to fill in a load of forms and get him registered as a British citizen.
"I was told it's a way of stopping people abusing the system by having children and getting them a foot in the door with a British passport.
"But to all intents and purposes my son is British. We haven't just come across from Albania or wherever, Sylvia's been living in this country for eight or nine years, so that can't apply to us."
The couple are planning to travel soon so there is not enough time to apply for British citizenship.
Mr Davis has contacted the Spanish consulate and arranged for his son to have a Spanish passport - which will take a fraction of the time and is half the price - so they can go on holiday.
He said: "It's just annoying that they are not allowed to hold a British passport until we get married. It's bureaucracy gone mad."
The couple, who do intend to wed, are to consult a solicitor to see if there has been a breach of European law.
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