Current Legal Framework Regarding Nationality Article 10 of the Constitution of Chile states that persons recognized as Chilean are: 1. All those born in the territory of Chile, with the exception of children of foreigners who are in Chile in service of their government, and of the children of transient foreigners. 2. The children of a Chilean father or mother, born in foreign territory. However, it will be required that one of his ancestors in a direct line of first or second degree has acquired Chilean nationality by virtue of reasons established in sections 1, 3, or 4. 3. The foreigners who obtain a card of nationalization in accordance with the law. 4. Those who obtained special grant (gracia) of naturalization by law.180 The jus sanguinis nationality as provided by Articles 10.3 and 10.4 were incorporated through a 2005 amendment. This amendment extended jus sanguinis for children born in a foreign territory to at least one parent or grandparent who acquired nationality through birth in the territory, naturalization, or special grant. In order to acquire nationality by virtue of the jus sanguinis provision, parents must register the birth of the child requesting citizenship either before the Chilean consulates or, if within the national territory, before the Civil Registry. 181 The Constitution likewise provides that “the law will regulate the procedures for opting for Chilean nationality; of [the] granting, denial, and cancellation of naturalization papers and for the creation of a register for all these acts.” Accordingly, Decree 175 of 1973, which was drafted during the military dictatorship and predates both the 1980 Constitution and the 2005 amendment to Article 10, regulates the process of naturalization, and has yet to be adjusted to reflect the more recent provisions. Chile lacks a statute on nationality and matters regarding nationality are regulated through administrative orders and case law that interpret the content of Article 10. The absence of a clear understanding of the right to nationality through secure legal norms that expand the constitutional framework, coupled with a lack of consistent and coherent interpretations of the constitutional provisions, have allowed each new government to interpret and shift the policy. 182 BORN IN THE AMERICAS 53