A baby is born Mid-Flight – But what Nationality does the child get? The answer will surprise you

Picture this scenario. A mother goes into labor on an airplane. The baby hasn’t even hit the ground yet before he or she is born – 35,000 feet in the air to be exact. Crazy right? Well, believe it or not, this has happened several times!

Every time this insane situation occurs, one question remains; What nationality is the baby?

This mind blowing question is making waves all over social media and quiz sites as users from around the world try to figure it out. It’s not as easy as you think. International laws, flights destination, flight routes, and country airspace and nationality laws all play a role in determining your answer.

Location of Birth vs Location of Aircraft – Who Has Jurisdiction?

The location of birth is typically determined by the aircraft registration and which country’s airspace you are flying over when the child is born. However, there are some exceptions to that rule.

Aircraft registration: Some countries claim jurisdiction over births on aircraft that are registered in their country. For example, if the aircraft is registered in the United States, then United States law applies.

Location of airspace: If you’re born while flying over another country, their country’s citizenship laws may apply to you at birth.

Country of origin/domestic law: Most countries default to the nationality of the child’s parents regardless of location. Countries that follow this tradition allow citizenship by descent also known as jus sanguinis.

So a child born on an airplane could have dual or even triple nationality.

International Law: It’s Complicated

Technically, there is no international law that says a baby born on board of an aircraft is entitled to citizenship. Every country’s domestic nationality laws would need to apply.

Some countries like the United States and Canada are what we call jus soli, or right of the soil. This means that any child born within their territory – even if it’s a US registered aircraft – is entitled to citizenship. Some countries will only grant citizenship based on the nationality of the baby’s parents.

Let’s look at an example:

Parents are flying from India to Japan but are both Indian passport holders. The baby is born while they’re flying over European airspace but in a United States registered aircraft. The baby will not be considered Indian at birth since India does not typically grant citizenship by birth. However, since they were born in a US registered plane, they could be eligible for US citizenship at birth.

But what happens if the baby was born while the parents were flying over Europe?

Remember our jurisdiction spiel from above? If you’re born over a country that allows citizenship by birthplace, then your child could be eligible for citizenship from that country at birth.

Take France for instance. France allows for children to gain their citizenship at birth if born in France. Interestingly enough, that includes airspace.

Here are some actual cases that will blow your mind

Some cases of babies being born on airplanes:

• A baby born on a Qantas flight in international waters was granted citizenship because Qantas is registered in Australia.
• A baby born on a flight flying over Spain acquired Spanish citizenship because Spanish law dictates that children can obtain citizenship at birth if the aircraft is flying over Spain.

Want to impress your friends with some cool baby facts?

• Being born in international waters doesn’t necessarily mean you have no citizenship.
• Some countries allow you to hold dual citizenship if you’re born in international waters.
• Airlines usually equip their airplanes with emergency baby supplies in case of an emergency!