Sky High Deliveries: What Is The Citizenship Of A Baby Born On An International Flight?

Flying high in the sky, airplanes take us to far-off places, making travel faster and more convenient. But what happens when a baby decides to make an early arrival at 40,000 feet? Well, things can get quite interesting, especially when it comes to determining the citizenship of the newborn.

First of all, let's be clear that it's generally not recommended for pregnant people to fly after 36 weeks into their pregnancy. But sometimes, nature has its plans, and a surprise passenger arrives mid-flight.

Now, the citizenship of a baby born on an airplane depends on which country's airspace the birth takes place in and the citizenship laws of that country. Different countries have different rules for this.

Some countries follow the "right of blood" law ( jus sanguinis ), which means a baby's nationality is determined by the citizenship of one or both parents. Others also observe the "right of the soil" law ( jus soli ), granting citizenship to any baby born on their territory, regardless of the parents' origin. The United States and Canada , along with some other countries in the Americas , follow jus soli.

So, if a baby is born over United States airspace, they automatically become a US citizen, thanks to jus soli. However, the situation gets a bit more complex for a jus sanguinis country. For example, if an American parent gives birth on a plane flying over French airspace, the baby won't become a French citizen just by being born there. Instead, the baby will typically inherit the US citizenship of the parents, as the US mostly follows jus sanguinis for births abroad.

In rare cases where a baby could be stateless (born to a mother with no official citizenship), the baby would likely be considered a citizen of the country where the airplane is registered, based on the United Nations' Convention on the Reduction of Statelessness agreement.

Now, don't worry too much about these complex laws because mid-flight births are extremely rare. In fact, most airlines don't even keep track of how many babies are born in the air. Airlines usually have rules preventing pregnant passengers from flying after a certain point in their pregnancy to avoid such situations.

While the idea of giving birth on an airplane might sound dramatic, the citizenship of the newborn depends on the airspace and the country's laws. So, the next time you're on a flight and hear about an unexpected delivery, you'll know that the baby's citizenship might have just become a subject of debate!