Over 75 in-flight births have been documented in aviation history, making the subject of nationality for these babies a rare, complicated but significant one.
The nationality of a child born in mid-flight can be complicated and depends on several factors, most notably the legislation of the nations involved.
Here are ways nationality is determined for a baby born on a plane:
1. Nationality of the Parents
Some countries grant nationality to the baby based on the nationalities of the parents, regardless of where the airspace the baby was born. This aspect doesn’t require debate of the child’s nationality if the parent approves of it. For example, if both parents are French, the child will be granted French nationality even if he or she is born in international airspace.
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2. Country Overflown at Time of Birth
In very rare circumstances, a nation may give citizenship based on jus soli if the plane was over its airspace at the time of birth. Jus soli which means the right of land mostly applicable in the United States automatically offers citizenship to the baby but such rarely happens as most planes would not allow a woman who is about the delivery time to board a flight.
3. Stateless nationalities
A child is considered stateless if they are not recognized as citizens by any country, which can happen due to conflicting nationality laws. While some nations award nationality based simply on a child’s place of birth (jus soli), others do so based only on the nationality of the parents (jus sanguinis). A child born in mid-flight over international waters may not be granted citizenship if neither the nationality of the parents nor the airline’s registration grants it.
4. Location of the Aircraft’s Registration (Flag Jurisdiction)
The nationality of a child born in mid-flight might be influenced by the flag jurisdiction or the place where an aircraft is registered. Each aircraft is registered to a certain nation, which is in charge of implementing rules and regulations on the aircraft. A child born on board may occasionally have their nationality determined by this flag jurisdiction, particularly if the birth takes place in international airspace where no national laws are applicable.
5. Special Agreements and Exceptions
The nationality of children born in mid-flight may be affected by bilateral or multilateral agreements where these countries understand each other’s citizenship laws. These agreements are frequently in place to handle complicated situations to avoid the child being stateless.
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