Nationality in Djibouti is governed by Title II of the Civil Code adopted in 2018; the provisions are for the most part the same as those adopted by the 2004 Code de la nationalité djiboutienne, which significantly reformed the first nationality law of independent Djibouti, adopted in 1981. Since 2004 the law has provided for nationality to be attributed at birth to a child whose father or mother is a citizen, whether the birth takes place inside or outside the country.

While the constitution does not protect the right to a nationality, a law on the legal protection of minors adopted in 2015 provides that “every child shall be registered at birth and shall have from birth the right to a name, the right to acquire a nationality and, as far as possible, to know and be cared for by his or her parents”. No rights to nationality are provided based on birth in the territory, although children of unknown parents are presumed to be Djiboutian.