extranjero transeúnte—“child of transient foreigner”).207 This would amount to an average of 235 entries per year. In October 2014, the Civil Registry reported that a total of
2,843 persons had been registered with notation “HET.”208 Around half of the 2,843
persons who were registered as children of transient foreigners resided in the northern regions of Tarapacá, Arica, and Parinacota, in hard-to-reach rural areas.209 There is
no certainty about the percentage of these children who would be eligible for Chilean
nationality under the new interpretation, and who may be effectively stateless now. The
Department of Foreign and Migration Affairs does not record the number of people
who have been naturalized as Chilean who were previously registered as children of
transient foreigners.210
Right to Identity and the Process to Secure Identity
Documents
Like most countries in the region, Chile requires a birth certificate to access healthcare
and education that the government provides to all citizens. A birth certificate also serves
as the foundational document to obtain other documents of identity, such as national
identity cards and passports. A child without a birth certificate may or may not be able
to attend school, and many children have to repeat grades while their parents regularize their migratory status.211 They also may be ineligible for benefits linked to school
enrollment, such as subsidies for transportation and nutrition, and university scholarships.212 Children without birth certificates can access vaccination and emergency health
services, but other state-funded health benefits require a birth certificate. Other services,
such as education subsidies and scholarships, require Chilean nationality.213 Every child
born in Chile has the right to obtain a birth certificate, and Chile has a robust civil
identification system which has resulted in low levels of unregistered births. But some
challenges remain, particularly to address the registration of persons born in Chile but
born to parents deemed transient foreigners before 2014.
Registration occurs through the presentation of a certificate of live birth (comprobante de parto), which the doctor or midwife who attended the birth of the child can
provide; failing that, two witnesses over the age of 18 who personally know the mother
must testify under oath before a civil officer to the fact and circumstances of the birth.214
The parents or legal guardians requesting the registration of a birth must prove their
identity; adults without documents cannot register their child. While lacking identity
documents is against the law for any adult resident in Chile, including members of
indigenous communities,215 migrants and indigenous groups often lack documentation,
and may have lacked it for generations.216
BORN IN THE AMERICAS
57
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