Nationality in Benin is governed by Loi No. 2022-32 du 20 décembre 2022 portant code de la nationalité béninoise which replaced the 1965 Code de la nationalité dahoméenne (Benin was formerly known as Dahomey). The new law removed discrimination based on sex in transmission of nationality to children and spouses, in accordance with a decision of the Constitutional Court in 2014.  Nationality is now attributed at birth to the child of a Beninois mother or father; and to every child born in Benin, with the right to repudiate that nationality at majority; as well as to abandoned children found in Benin. Men and women have the right to acquire nationality after five years of marriage to a Beninois spouse.

The Committee on the Rights of the Child welcomed efforts made by Benin to increase birth registration, including the creation of registration centers at the district level and carrying out awareness-raising campaigns. However, they expressed concern about the continued low level of registration in rural areas and suggested the placement of auxiliary registration officials at the village level and mobile courts to decide on late registrations free of charge. The Committee also expressed concerns about provisions in the nationality code discriminating on the basis of sex.