Moroccan Nationality: Passing It to Children, Foreign Spouses and Dual Nationality

For binational families and Moroccans abroad, nationality is anything but abstract: it determines the children’s national ID card and passport, the law applicable to marriage and divorce, inheritance and sometimes access to certain rights. The Moroccan Nationality Code, extensively reformed in 2007, sets precise rules. Here are the essentials.

Nationality by birth: through the father or the mother

Since the 2007 reform, a child born to a Moroccan father or a Moroccan mother is Moroccan. This was a major step forward: previously, a Moroccan mother could only pass on her nationality in limited cases. The rule also benefits children born to a Moroccan mother before the reform.

In practice, a child born in France to a Moroccan mother and a French father is Moroccan from birth, even if they also hold French nationality. To obtain Moroccan documents, the birth must be declared and registered with the Moroccan consulate or the Moroccan civil registry.

Moroccan nationality is also granted, under certain conditions, to a child born in Morocco to unknown parents.

Can a foreign spouse become Moroccan?

The Code provides a specific route for the foreign wife of a Moroccan man: after at least five years of habitual and lawful residence in Morocco with her husband, and while the marriage subsists, she may file a declaration to acquire Moroccan nationality. The declaration is submitted to the Minister of Justice, who may object under the conditions laid down by law.

As the text currently stands, this route is not available to the foreign husband of a Moroccan woman, who must go through ordinary naturalisation. His children, however, are Moroccan through their mother.

Naturalisation

Any foreign national may apply for naturalisation if they meet the legal conditions, including:

• habitual and lawful residence in Morocco for a minimum period;
• being of age and in good health;
• good conduct and no disqualifying convictions;
• sufficient knowledge of Arabic;
• sufficient means of support.

Naturalisation is granted by decree and is at the authorities’ discretion. A solid, consistent and complete file is therefore essential.

Is dual nationality allowed?

Moroccan law does not prohibit dual nationality. A Moroccan who voluntarily acquires a foreign nationality in principle keeps Moroccan nationality and can only lose it if authorised by decree, at their own request. This is why many Moroccans abroad are at once Moroccan and French, Belgian, Spanish, Dutch or Canadian.

One important consequence: in Morocco, a dual national is treated as Moroccan. Their family situation (marriage, divorce, custody, inheritance) is in principle governed by the Moroccan Family Code, even if they live abroad and even if a foreign court has ruled. Hence the importance of having foreign decisions recognised in Morocco: see exequatur and divorce for Moroccans living abroad.

How do you prove nationality?

In practice, the electronic national ID card and passport are enough for most procedures. When formal proof is needed, especially in a dispute, a certificate of nationality can be requested from the competent authority. Nationality disputes are heard by the courts, where the public prosecutor plays a particular role.

Common situations in our practice

• A child born abroad to a Moroccan mother whose birth was never registered: the civil status must be regularised before applying for an ID card or passport.
• A foreign wife who has lived in Agadir for several years and wants to become Moroccan: checking the length and lawfulness of residence and preparing the file.
• A dual-national heir who discovers that a parent’s estate in Morocco is governed by Moroccan law: see inheritance in Morocco.
• A mixed couple preparing their marriage: see mixed marriages in Morocco.

Support for binational families

The office of Maître Said Laachili, based in Inezgane near Agadir, advises binational families and Moroccans abroad on nationality, civil status and personal status questions, alongside its family law practice. For remote procedures, see our guide to managing a legal matter in Morocco from abroad.

A question about your children’s or your spouse’s nationality? Contact the office.