Citizenship in Eswatini is governed by Chapter IV of the 2005 Constitution, and by the 1992 Citizenship Act. The Constitution provides for gender equality in transmission of citizenship to children born before it comes into effect, but provides that only the father can transmit citizenship to children born after that date; while a woman may not transmit citizenship to her foreign husband.

The act does not conform to the constitutional provisions, leaving room for confusion as to the rules that apply. Article 268 of the Constitution states that existing law remains in effect; and some provisions of the act are not affected by the Constitution.

In 2006, the UN Committee on the Rights of the Child expressed concern about the fact that the law in Eswatini restricts the rights of women to pass nationality to their children. The Committee welcomed steps taken by Eswatini to improve birth registration for children but remained concerned at the overall low level of registration.