Chilean Citizenship by Birth (Jus Soli)
Chile generally grants citizenship to anyone born in the country — but not always. This page explains the jus soli (born-on-the-soil) rule, its two constitutional exceptions, and a 2026 rule change that directly affects children born to parents on a tourist permit.
Who gets Chilean citizenship at birth?
Chile follows jus soli — Latin for "right of the soil" — as its default rule for citizenship at birth: if you are born on Chilean territory, you are a Chilean citizen. This is set out in Article 10 N°1 of the Constitution, referenced in turn by Decreto Supremo 5.142/1960 (Chile's naturalization statute), and it applies regardless of your parents' nationality.
There is no separate application, form, or fee for citizenship acquired this way: your birth is registered at the Servicio de Registro Civil e Identificación (Civil Registry) like any birth in Chile, and that registration itself establishes your Chilean nationality — subject to the two exceptions below.
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Exceptions
Article 10 N°1 of the Constitution sets out exactly two exceptions to the jus soli rule:
- Children of foreign parents in Chile in the service of their government — for example, children of diplomatic or consular staff posted in Chile.
- Children of extranjeros transeúntes ("foreign transients," the local legal term for foreigners passing through without settling). Ley 21.325 Article 47 defines this status: a foreign national in Chile on a permanencia transitoria (tourist/transitory-stay) permit, admitted without intent to establish residence.
Warning
The transient-parent exception is not about your nationality or your intentions — it is about your parents' migration permit category on the day you are born. A child born while both parents hold a residencia temporal or residencia definitiva permit is not affected by this exception and acquires Chilean nationality at birth under the ordinary jus soli rule. The exception only bites when the parents hold a permanencia transitoria (tourist) permit, or are in Chile in the service of a foreign government.
Neither exception permanently forecloses Chilean nationality: a person excluded at birth under either category can later apply through the "option of nationality" (opción de nacionalidad) procedure — see below.
Recent changes to Chile's birth-citizenship rules
Warning
Effective 12 April 2026, Circular DN N°014/2026 from the Civil Registry confirms that a child born in Chile while both parents hold a permanencia transitoria (tourist/transitory-stay) permit does not acquire Chilean nationality — and clarifies that doubt about the parents' status also defaults to exclusion.
Circular DN N°014/2026, issued by the Servicio de Registro Civil e Identificación and effective 12 April 2026, operationalizes the transient-parent exception described above. It replaces Circular DN N°46/2019 and removes the interpretive ambiguity that existed under the repealed DL 1.094/1975, where "extranjero transeúnte" had no statutory definition and was left to case-by-case judicial interpretation. Four points matter most for anyone planning a birth in Chile:
- Statutory definition. Ley 21.325 Article 47 now legally defines extranjero transeúnte as anyone on a permanencia transitoria permit, without intent to settle — replacing the prior undefined, judicially-interpreted concept.
- Objective verification, not intent. Civil officers verify the parents' migration status from the passport entry stamp or the Tarjeta Única Migratoria (tourist card issued by the PDI at entry) — establishing entry date, permit type, and expiration. Officers must not assess the parents' subjective intent to stay; that determination belongs exclusively to SERMIG.
- Doubt defaults to exclusion. Under the Circular's "situación especial" (special situation) rule, if the Oficial Civil cannot determine whether the parents held a tourist/transitory permit or another migration status at the time of birth, the child is still registered as hijo de extranjero transeúnte by default — doubt does not resolve in favor of Chilean nationality.
- An appeal path exists. Parents who disagree with the classification can request a formal status determination from SERMIG under Ley 21.325 Article 157 N°9. If SERMIG rules in the parents' favor, the birth certificate can be rectified administratively, without court proceedings.
Note
This section is general information, not a case-specific nationality determination — only SERMIG and the Civil Registry can decide an individual case. If you are planning to have a child in Chile and your migration status is not straightforwardly a temporary or permanent residence permit, confirm your situation with SERMIG or a licensed attorney before relying on any assumption about your child's nationality. See our pregnancy permit page and tourist visa page for how this rule applies to those specific permit categories.
Opción de nacionalidad: a later path for excluded births
A person born in Chile and excluded from citizenship at birth under either exception — child of foreign government staff, or child of an extranjero transeúnte — is not permanently barred from Chilean nationality. Decreto Supremo 5.142/1960 Article 10 provides a separate procedure, the "option of nationality" (opción de nacionalidad), for exactly this situation.
To use it, the person must file a declaration opting for Chilean nationality within a mandatory one-year window starting the day they turn 18, before the Intendente or Gobernador (in Chile) or the Chilean diplomatic agent or consul (abroad), after proving they fall under one of the Article 10 N°1 exceptions.
Note
This is a distinct process from both birthright citizenship (covered above) and standard naturalization (which requires years of prior residence as a permanent resident). It applies specifically to people born in Chile who were excluded from citizenship at birth. See the citizenship hub for how naturalization and the other citizenship routes work.
Frequently Asked Questions about Chilean citizenship by birth
Who qualifies for Chilean citizenship by birth
Almost everyone born in Chile. Under the jus soli ("right of the soil") rule in Article 10 N°1 of the Constitution, being born on Chilean territory makes you a Chilean citizen. There are only two statutory exceptions: children of foreign parents serving their government in Chile, and children of extranjeros transeúntes (foreign transients) — see the exceptions below. If neither exception applies to your situation, birth in Chile is enough on its own; no application or registration fee is required beyond the ordinary birth registration at the Registro Civil.
Yes — this is the key distinction. If your parents hold a residencia temporal (temporary residence) or residencia definitiva (permanent residence) permit at the time of your birth, they are not extranjeros transeúntes, and you acquire Chilean nationality at birth under the ordinary jus soli rule. The exclusion only applies to children born while both parents hold a permanencia transitoria (tourist/transitory-stay) permit, or are in Chile in the service of a foreign government. See our pregnancy permit page and tourist visa page for how this plays out for specific permit categories.
Exceptions and recent changes
Article 10 N°1 of the Constitution excludes two categories from citizenship at birth: children of foreign parents in Chile in the service of their government (diplomatic and consular staff), and children of extranjeros transeúntes (foreign transients) — defined by Ley 21.325 Article 47 as anyone in Chile on a permanencia transitoria (tourist/transitory-stay) permit, without intent to settle. Neither exception is automatic or permanent: both groups can later apply for Chilean nationality through the separate "option of nationality" (opción de nacionalidad) procedure — see below.
Yes. Since 12 April 2026, Circular DN N°014/2026 from the Civil Registry (Servicio de Registro Civil e Identificación) operationalizes the transient-parent exception: it confirms that Ley 21.325 Article 47 now legally defines extranjero transeúnte, and it instructs civil officers to register a child born during the parents' permanencia transitoria as hijo de extranjero transeúnte (not Chilean) — including in cases where the officer cannot confirm the parents' migration status at all. See Recent changes below for the full rule and the appeal mechanism.
Yes, through the separate "option of nationality" (opción de nacionalidad) procedure, but not automatically and not right away. A person born in Chile to foreign-government-service or transient-foreigner parents can file a declaration opting for Chilean nationality within the mandatory one-year period starting the day they turn 18. This is a distinct process from birthright citizenship — see Opción de nacionalidad below and our naturalization overview for how it compares to standard naturalization.
Note
This is a private immigration information service. We are not affiliated with, endorsed by, or authorized by SERMIG (Servicio Nacional de Migraciones), the Servicio de Registro Civil e Identificación, or the Government of Chile, and this content is not legal advice. Official birth registration and nationality determinations must be handled directly with the Civil Registry and SERMIG. For legal representation in a Chilean nationality matter, consult a licensed attorney in Chile.
References
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