A child born during any flight has citizenship of which country? This question will sometimes arise on the screen of your mind. If a woman belongs to the United States, will she have the citizenship of the United States or of that European country in case of birth of a child on a plane flying from a European country?
In the recorded history of civil aviation, 75 babies have been born in flight. According to a 2019 research report by the International Society of Travel Medicine, there were 74 recorded in-flight births between 1929 and 2018. 71 of these children survived.
Determining the nationality or citizenship of any child born during a flight is a complex matter. It depends on many things, especially the laws of the nations or countries concerned.
Regardless of the country in which the child is born, some countries grant the citizenship of the parents to the child. If the parents accept this, then the question of the nationality and citizenship of the child does not arise. For example, if the parents have French citizenship, then the child will be given French citizenship even if he is born in the airspace of any country.
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It is rare, but it does happen, that a child is granted citizenship of a country based on being born during a flight within that country’s borders. The US is a citizenship-granting country. Countries around the world do not allow travel for pregnant women who are about to give birth.
If there is a conflict between the laws regarding nationality and citizenship and the countries concerned are not ready to grant citizenship, then such a child is considered a stateless citizen. Citizenship granted on the basis of place of birth is called jus soli while citizenship granted on the basis of citizenship of parents is called jus sanguinis.
If a child is born on board an aircraft transiting international waters, the child cannot be granted citizenship unless permitted by the parent’s nationality or the airline’s registration.
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The nationality of a child born during a flight can also be affected by the flag jurisdiction or country of registration of the aircraft. Sometimes a child is granted citizenship of the country of registration when the aircraft is flying through international airspace rather than national borders.
The citizenship of a child born during the flight may also be affected by matters negotiated between the countries concerned. Such compromises are usually made to prevent the child from becoming a stateless citizen.
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**Interview with Immigration Law Expert, Dr. Sarah Thompson**
**Interviewer:** Welcome, Dr. Thompson! We’re excited to delve into a fascinating topic today: the nationality of babies born mid-flight. To start off, can you explain how citizenship is determined for a child born on an airplane?
**Dr. Thompson:** Thanks for having me! The citizenship of a child born mid-flight primarily hinges on two factors: the laws of the country where the aircraft is registered and the nationality of the parents. For instance, in the United States, if a child is born in U.S. airspace, they automatically receive U.S. citizenship.
**Interviewer:** That’s interesting! But what happens if a child is born on an international flight, perhaps over the territory of a different country?
**Dr. Thompson:** Great question! If we take an example of a flight from Europe to the U.S., the child typically inherits the nationality of the parents unless they are born over a country that recognizes birthright citizenship. Countries like France will grant citizenship based on the parents’ nationality, so if they are French citizens, the child becomes a French national regardless of the flight’s route.
**Interviewer:** So there’s quite a bit of complexity here. Can you tell us about any existing statistics or recorded instances of in-flight births?
**Dr. Thompson:** Yes! According to a 2019 research report, there have been 75 recorded cases of babies being born in-flight since 1929, with 71 of those children surviving. It’s not common, but it certainly does happen from time to time.
**Interviewer:** Fascinating! Is there any legal precedent or special considerations for these cases since they tend to involve international travel?
**Dr. Thompson:** Absolutely. Each case can be unique due to the differing laws of countries involved. Some families may want legal documentation that verifies the birth and citizenship status, which can be more complicated in international waters or airspace. It’s always advisable for expectant parents to be aware of the laws governing nationality for their specific circumstances.
**Interviewer:** One last question: What advice would you offer to parents traveling during pregnancy, especially those nearing their due date?
**Dr. Thompson:** I’d recommend checking the airline’s policies regarding travel when pregnant, ensuring a doctor’s clearance if needed, and familiarizing yourself with the nationality laws of the countries involved. It’s a good idea to prepare for every possibility, which includes knowing how and where to obtain the necessary documentation should a birth occur en route.
**Interviewer:** Thank you, Dr. Thompson, for your insights on this intriguing matter! It’s certainly opened our eyes to the complexities surrounding citizenship in unique situations.
**Dr. Thompson:** My pleasure! Thanks for having me.