Beninese nationality law is regulated by the Constitution of Benin, as amended; the Beninese (formerly Dahomean) Nationality Code, and its revisions; the Family Code; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Benin. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Beninese nationality is typically obtained under the principle of jus sanguinis, i.e. by birth in Benin or abroad to parents with Beninese nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
In September of 2024, a law was passed extending the right to Beninese nationality to descendants of Africans who were enslaved and forcibly removed from the continent during the Atlantic slave trade. The Bight of Benin was a major port used by European merchants to deport enslaved people to the Americas. The country views the extension of nationality to "Afro-descendants" as a form of reconciliation in which Benin formerly recognizes its role in the slave trade:“By legally recognizing these children of Africa, Benin is healing a historical wound. It is an act of justice, but also one of belonging and hope." — Yvon Detchenou, Benin Minister of Justice and LegislationThe Afro-descendant law went into effect in July of 2025.
Acquisition of nationality Nationality can be acquired in Benin through birth, naturalization, or ancestry.
By birth
Children born anywhere who have at least one parent who is a native-born Beninese national; Children born in Benin to foreign parents, if the parents were not in the diplomatic corps, who have resided and at the age of majority are residing in the country, acquire nationality by origin; Children born in Benin to stateless parents; or Foundlings or orphans discovered in the territory.
By naturalization Naturalization can be granted to persons who have resided in the territory for a sufficient period of time to confirm they understand the customs and traditions of the society. General provisions are that applicants be of good character and in good health, have no criminal history of sentencing greater than one year, and are able to speak either the Beninois or French language. If nationality is being considered for exceptional service to the nation, there can be no limiting conditions. The general residency requirement is ten years, but in the case of a foreign spouse, or someone born in Benin, the residency requirement is waived. Besides foreigners meeting the criteria, other persons who may be naturalized include:
Spouses of Beninese nationals; Adoptees of Beninese parents upon reaching the age of majority; The wife and minor children of a foreigner who has been naturalized; or Persons who have rendered exceptional service to the country.
By ancestry
People whose genealogy shows that they have a sub-Saharan African ancestor who was deported from the African continent as part of the slave trade and triangular trade. People of sub-Saharan African origin born before 1944 in countries or territories deported as part of the triangular trade.
Loss of nationality Nationality may be lost in Benin for acting in the service of a foreign government or as a national of another country; crimes against the state or ordinary crimes; fraud in a naturalization petition, or disloyal or treasonous acts.
Dual nationality In an effort to eliminate statelessness, Benin allows dual nationality if the person obtained authorization for the acquisition of additional nationality.
History African kingdoms (1600–1894) The area which is now Benin was, by the seventeenth century, governed by several kingdoms, including Dahomey and its related kingdoms of Allada and Whydah of the Fon people; Porto Novo of the Ogu people and Kétu of the Yoruba people, which were tributary kingdoms of the Oyo Empire; and Borgu of the Bariba people. Though these kingdoms often warred with their neighbors to consolidate their territories, they also established trade and vassalage systems to secure goods. European contact with the area began around 1580 when the Portuguese landed at Ouidah. Trade relationships were established initially between the inhabitants and Dutch and Portuguese traders, but by 1623 included French settlers and by 1670 English merchants as well. Each of these kingdoms were highly organized states wherein political and economic privilege was granted by the ruler who in turn was owed tributes and allegiance for his protection and favor. Based upon kinship and ancestral linkages, conquest was undertaken to broaden the ties between ancestors and was not focused on conquering foreigners. Marriage was regulated by kinship networks and children born to subjects belonged to the royal lineage of the kingdoms.
In 1698 the Oyo Empire overtook the Allada kingdom, which in turn was conquered by Dahomey in 1724. In 1727, Dahomey subjugated Whydah, as well as the port city of Ouidah. Between 1724 and 1730, conflict between the Oyo kingdoms and Dahomey erupted four times. The battle in 1730 resulted in an agreement for Dahomey to pay tributes to Oyo. With a change in the ruler in 1735, Dahomey attacked territories held by the Oyo, but were driven back and agreed to reinstate the annual tributes to Oyo in 1748. By 1780, the kingdom of Porto Novo had grown to rival the ports of Whydah. The Borgu army defeated Oyo in 1783, precipitating Oyo's rapid decline. Beginning in 1818, Dahomey returned to its role as dominant kingdom on the coast and in 1823, defeated Oyo and ended the debt for tribute. Ongoing conflicts continued into the 19th century when in 1886, Dahomey took Kétu and the following year sacked Yoruba villages to the north and east. However, by that time, European traders increasingly resented the duties collected and fees charged to enter and exit ports. In 1883, the French established a permanent protectorate over Porto Novo bringing France into direct competition with the Dahomey kingdom for control of Porto Novo. After diplomatic talks failed to resolve the issues over administration of Porto Novo and tariffs, armed fighting broke out in 1890 and again in 1892. Behanzin surrendered on 25 January 1894 and was deposed from the throne of Dahomey.
French period (1894–1960) Upon taking control of area, the French divided the former kingdom into two protectorates with the Dahomey protectorate centered in Abomey and the Mahi protectorate located to its north. The southern kingdoms, Allada, Grand-Popo, Whydah, were allowed to maintain their independence as long as they did not align with the Fon people who had formerly dominated the Dahomey kingdom. In 1895, the French established the administration system that would govern its possessions in West Africa for the next sixty years. A Governor-General was installed and a headquarters was founded in Dakar, in the Colony of Senegal. The Governor-General's authority was extended to Senegal, Guinea, and the Ivory Coast colonies, and in 1899 to Dahomey and French Sudan. Under Article 109 of the French Constitution of 1848, French territories were to be governed by specific laws until the constitution was extended there. This provision laid the groundwork for nationality legislation based upon whether the native inhabitants were able to be assimilated by adopting European standards. From 1848, those persons who settled in the colonies and were from France were considered nationals who had full rights and were subject to French law. However, those born in the new territories were considered to be nationals without citizenship. Nationals in the older colonies of the Antilles, Guiana, Réunion and parts of India and Senegal were granted political rights, but those in new colonies were confirmed by a decree on 14 July 1865 to be subjects and not citizens, unless they renounced their allegiance to native custom and possessed sufficient understanding of the obligations of citizenship.
Also in 1848, slavery was abolished throughout the French Empire and the Civil Code was extended to all of the French citizens in the colonies. Under the Civil Code, women were legally incapacitated and paternal authority was established over their children. Upon marriage, a woman married to a French man automatically acquired the same nationality as her spouse. Illegitimate children were barred from inheritance and nationality could only be transmitted through a father. Non-citizen nationals were governed by traditional laws concerning marriage and inheritance which placed the well-being of the community above individual rights. These laws prevented a wife from being treated as a slave, required her husband to support her, and entitled her kin to a bride price, to compensate them for the loss of her fertility to their kinship group and secure the legality of the union. Having paid the price for the marriage contract, she and her offspring belonged to the kinship network of her husband and could be inherited if her husband died.
The French Nationality Law of 1889 codified previous statutory laws, changing the French standard from jus sanguinis to jus soli and was extended to the French West Indies. Under its terms, women who would become stateless by the rule to acquire their spouse's nationality were allowed to retain their French nationality upon marriage. The Nationality Law was modified in 1897 when it was extended to the remainder of the French colonies. Clarification in the 1897 decree included that bestowing nationality by birth in French territory only applied to children born in France, restoring descent requirements for the colonies. Under the Code de l'indigénat (Code of Indigenous Status) promulgated for Algeria in 1881 and extended to French West Africa in 1904, nationals in the new colonies followed customary law. The French West African Federation had been founded that year with the existing five colonies, of Dahomey, Guinea, Ivory Coast, Senegal, and Sudan, and was later expanded to include Mauritania, Niger, and Upper Volta.
On 25 May 1912, a Décret N°. 27892 was issued specifically addressing the status of French West Africans. Under its terms, African subjects could acquire French citizenship if at the age of majority and having proved three years of established domicile in the territory, they were able to read and write French; they were of good character and assimilated to French culture, or they engaged in a public or private French enterprise for a minimum or ten years; and they had sufficient means of self-support. The language requirement could be waived for those who had received military medals or recognition of the Legion of Honor or were in the French civil service. Upon application, subjects were required to acknowledge that they gave up their personal status under customary law and were to be governed by French laws. The decree noted that married women and minor children acquired the status of their husband or father however, this was only the case if the marriage had been conducted under French law, rather than customary practice.