Mayotte: Implementing Texts Published for the Tightened Rules on Birthright French Nationality

In brief. A decree and an order of 30 April 2026, followed by a Ministry of Justice circular of 5 May 2026, now put into operation the reform enacted by Law no. 2025-412 of 12 May 2025, which further restricts access to French nationality for children born in Mayotte to foreign parents.

Background

Mayotte has been subject to a derogatory birthright-nationality regime since the law of 10 September 2018, which inserted Article 2493 into the Civil Code. Until now, a child born in Mayotte could benefit from droit du sol only if, at the date of birth, one parent had resided in France lawfully and continuously for more than three months. The 12 May 2025 law — validated by the Constitutional Council on 7 May 2025 subject to an interpretive reservation — extended the requirement to both parents and raised the qualifying period to more than one year. The newly published texts simply align the regulations and procedures with that stricter standard.

What changes in practice

Both parents, one year of lawful residence.

Articles 15-1 and 15-2 of Decree no. 93-1362 now require the declarant to evidence that, at the child’s birth, both parents — or the sole parent where filiation is established with only one — were lawfully resident in France for over a year.

A broader (but contested) list of accepted proof of residence.

The 30 April 2026 order adds to the documents that may evidence lawful residence: the autorisation provisoire de séjour (whatever its endorsement), residence cards issued to family members of EU citizens, and certain ANEF-platform attestations (extension-of-processing and favourable-decision notices). Online filing receipts for a residence-permit application remain excluded. Notably, commentators point out that admitting these documents effectively sidesteps the law’s own wording, which requires residence “under cover of a residence permit.”

Birth-certificate annotation.

Reflecting Article 2495 of the Civil Code, amended Article 9-1 of Decree no. 2017-890 requires the foreign parent seeking the lawful-residence annotation on the child’s birth certificate to present a valid biometric passport with an identifying photograph; nationals of States that do not issue such a document may instead produce a valid identity document. Proof of uninterrupted residence must now cover more than one year (previously three months) up to the date of birth.

Staggered entry into force.

The circular confirms that the 2018 and 2025 reforms continue to coexist depending on the date the acquisitive declaration was filed or, for a certificate of French nationality, the date the person reached majority. The 2025 reform applies to those who, from 14 May 2025, filed an acquisition declaration or — being born in Mayotte and now of age — requested a certificate of French nationality.

Sources: Decree no. 2026-338 of 30 April 2026 (OJ 5 May 2026); Order of 30 April 2026, NOR JUSC26100542A (OJ 5 May 2026); Ministry of Justice Circular of 5 May 2026, NOR JUSC2611765C; Law no. 2025-412 of 12 May 2025.