Moroccan Nationality Law: A Comprehensive Guide to Citizenship and Naturalization

Moroccan nationality law is a cornerstone of the Kingdom’s legal identity, governing who belongs to the nation and the rights and responsibilities that follow. Rooted in the Dahir No. 1.58.250, which establishes the Moroccan Nationality Code, this legal framework has undergone significant modernisations, most notably in 2007 and 2023. These updates reflect Morocco’s commitment to gender equality and the evolving needs of its global diaspora.

Understanding these laws is essential for foreign residents, children of mixed marriages, and Moroccans living abroad. This article explores the primary methods of acquiring nationality, the legal definitions of adulthood, and the procedures for reclaiming or relinquishing citizenship.

The Foundation of Moroccan Citizenship

The legal definition of "Morocco" is broad and inclusive. Under Article 5 of the Moroccan Nationality Code, the term "in Morocco" encompasses the entire Moroccan territory, territorial waters, and even ships and aircraft carrying Moroccan nationality.

A pivotal aspect of Moroccan law is its relationship with the Family Code (Moudawana). According to Article 2 of Law No. 70.03, the Family Code applies to all Moroccans, even those holding dual citizenship. This creates a strong legal bond between the citizen and the state, regardless of where they reside globally. For legal purposes, Article 4 defines the age of majority as 18 full Gregorian years. This age is the benchmark for many nationality-related decisions, such as choosing between dual citizenships or applying for naturalization.

Acquisition of Nationality: Birth and Marriage

Moroccan nationality is primarily transmitted through descent (jus sanguinis). Significant reforms in 2007 ensured that a child born to a Moroccan mother or a Moroccan father is automatically granted Moroccan nationality, regardless of the place of birth.

Beyond birth, there are specific pathways for foreigners to acquire citizenship:

1. Marriage: Foreigners married to Moroccan citizens may apply for nationality under specific conditions, provided the marriage is legally recognized and has lasted for a minimum period defined by law.
2. Exceptional Residence: Under the laws regulating the entry and residence of foreigners (Reference 2), certain individuals are protected or prioritized for residency, which can eventually lead to naturalization. This includes foreign parents of a child born in Morocco who has acquired Moroccan nationality, or foreign children under the legal guardianship (Kafala) of a Moroccan citizen.
3. Naturalization: This is a discretionary process where the state grants citizenship to a foreigner who has resided in Morocco for a significant period, demonstrates good character, and shows integration into Moroccan society.

Loss and Renunciation of Nationality

Moroccan law recognizes that individuals may acquire other citizenships or wish to relinquish their Moroccan status under specific circumstances. Article 19 outlines the conditions under which a person may lose their Moroccan nationality, which typically requires authorization by decree (Marssoum).

The law identifies five primary scenarios for the loss of nationality:

• A Moroccan adult who voluntarily acquires a foreign nationality and is authorized by decree to renounce their Moroccan citizenship.
• A Moroccan minor who possesses an original foreign nationality and is authorized by decree to renounce their Moroccan status.
• A Moroccan woman marrying a foreigner who acquires her husband's nationality, provided she receives authorization to renounce her Moroccan nationality prior to the marriage.
• An individual holding a public office or serving in a foreign army where such service conflicts with Moroccan national interests, particularly if they continue the service six months after a government warning.
• Children born of mixed marriages (where the mother is Moroccan) have a specific window between the ages of 18 and 20 to declare their intent to retain only one parent's nationality via a declaration to the Ministry of Justice.

Recovery of Nationality

Morocco offers a legal pathway for former citizens to return to the national fold. Under Article 15, the "Recovery of Nationality" (Restaurations) allows a person who previously held original Moroccan nationality to reclaim it.

This process is initiated by a formal request and is granted via a government decree. This provision is particularly important for those who may have renounced their citizenship in the past but wish to re-establish their legal and civic ties to the Kingdom.

Legal Institutions and Procedures

The administration of nationality laws involves several key institutions. The Ministry of Justice handles declarations and applications, while the Public Prosecution (Ministère Public) is considered a primary party in cases involving the application of the Family Code as it relates to nationality (Article 3 of the Family Code).

For foreigners, Law No. 02-03 regarding the entry and residence of foreigners provides the framework for legal stay, which is often the precursor to any naturalization request. It defines "foreigners" as anyone who does not possess Moroccan nationality, those with no known nationality, or those whose nationality is impossible to determine.

Conclusion

The Moroccan Nationality Law is a sophisticated blend of traditional values and modern legal standards. It emphasizes the "right of blood," ensuring that the Moroccan identity is preserved across generations and borders, while also providing structured pathways for naturalization and the recovery of citizenship.

Key Takeaways:

• Equality: Since 2007, both Moroccan mothers and fathers can pass nationality to their children.
• Age of Majority: 18 years is the legal age for making nationality-related decisions.
• Dual Nationality: While Morocco allows dual citizenship, renouncing Moroccan nationality requires formal state authorization via decree.
• Integration: Naturalization is possible for residents who meet specific legal and social criteria.

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