caliboy93
Topic Author
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Born on an international flight

Fri May 31, 2019 9:05 pm

Suppose a baby is born on a flight from Canada to Mexico while it was flying over the USA. The mother and father have citizenship of two different countries (India and Japan). What would the citizenship of the baby be?
 
flipdewaf
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Re: Born on an international flight

Fri May 31, 2019 9:08 pm

My understanding is that the laws are the same as maritime law and the child would be legally entitled to citizenship of the nation of the registration of the vessel.

My friend Oliver was born on a flight from the US to the uk and as such is fully entitled to US citizenship.

Fred


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sw733
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Re: Born on an international flight

Fri May 31, 2019 9:14 pm

flipdewaf wrote:
My understanding is that the laws are the same as maritime law and the child would be legally entitled to citizenship of the nation of the registration of the vessel.

My friend Oliver was born on a flight from the US to the uk and as such is fully entitled to US citizenship.


Admittedly I don't have a legit answer to this question, but if the registration of the craft does matter, I assume it only matters wherein the country where the craft is registered follows jus soli and grants citizenship based solely on being born there. Most countries do not grant citizenship for being born there, though I do believe OP's examples of Canada, US, and Mexico are three of the few that do grant based on jus soli.

A quick glance at India says someone born outside India is a citizen at birth if at least one of their parents is.

Then we also have the case of dual citizenship, and which countries all it. In most cases, India does not.
 
KLDC10
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Re: Born on an international flight

Fri May 31, 2019 9:21 pm

sw733 wrote:
Admittedly I don't have a legit answer to this question, but if the registration of the craft does matter, I assume it only matters wherein the country where the craft is registered follows jus soli and grants citizenship based solely on being born there. Most countries do not grant citizenship for being born there, though I do believe OP's examples of Canada, US, and Mexico are three of the few that do grant based on jus soli.


This is correct. The birth is dealt with in accordance with the law of the country in which the aircraft is registered, which may or may not grant birthright citizenship. I recall a discussion on this board a couple of years ago about a child born aboard a KLM flight. The Netherlands does not grant birthright citizenship, and so the child did not acquire Dutch Citizenship.
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aryonoco
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Re: Born on an international flight

Fri May 31, 2019 10:30 pm

flipdewaf wrote:
My understanding is that the laws are the same as maritime law and the child would be legally entitled to citizenship of the nation of the registration of the vessel.



As far as I'm aware, (outside of US) few countries entitle you to citizenship based solely on being born there. In most places entitlement to citizenship is based on the parents' citizenship. I know that is the case in Australia and NZ and I believe that's also the case in most European countries.
 
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TWA772LR
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Re: Born on an international flight

Fri May 31, 2019 10:35 pm

So to add on to the OP; all else the same,lets say the aircraft is registered in Switzerland. Is said baby a Swiss citizen?
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bfitzflyer
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Re: Born on an international flight

Sat Jun 01, 2019 1:48 am

This type of thing was actually a story a few years ago on China Airlines.

https://www.bbc.com/news/world-asia-34568772
 
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stl07
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Re: Born on an international flight

Sat Jun 01, 2019 2:19 am

One American family had a kid on a Saudia flight connecting over to some other country and was offered Saudi citizenship
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c933103
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Re: Born on an international flight

Sat Jun 01, 2019 2:19 am

https://www.cnn.com/travel/article/peop ... index.html
In the United States, even a child born in the country's waters or airspace is a U.S. citizen by birth in accordance with the principle of jus soli (right of the soil) -- that's the right of anyone born in the territory of a state to nationality or citizenship.
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CarlosSi
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Re: Born on an international flight

Sat Jun 01, 2019 2:33 am

Would be unfortunate if you are deprived of certain perks for not actually being born on the country of your own citizenship, like if you want to be a US president, although I guess in the event you are born outside to US citizens you’d probably be waived?

There’s not much difference between US citizens, foreign born or natural-born.
 
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Slash787
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Re: Born on an international flight

Sat Jun 01, 2019 2:45 am

So a Pregnant woman who is from South Africa and her husband is from Mongolia, gives birth to a baby on a Air Koryo flight from North Korea to Thailand, then what citizenship will the child get?
 
c933103
Posts: 3793
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Re: Born on an international flight

Sat Jun 01, 2019 2:53 am

Slash787 wrote:
So a Pregnant woman who is from South Africa and her husband is from Mongolia, gives birth to a baby on a Air Koryo flight from North Korea to Thailand, then what citizenship will the child get?

You need to check the law of:
South Africa
Mongolia
North Korea
Thailand
And whatever country the aircraft was located at at the time of the birth
Say NO to Hong Kong police's cooperation with criminal organizations like triad.
 
sw733
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Re: Born on an international flight

Sat Jun 01, 2019 2:55 am

CarlosSi wrote:
Would be unfortunate if you are deprived of certain perks for not actually being born on the country of your own citizenship, like if you want to be a US president, although I guess in the event you are born outside to US citizens you’d probably be waived?

There’s not much difference between US citizens, foreign born or natural-born.


In the US, “natural born” is more broad than people think. Ted Cruz, for example, was born outside the US but is eligible for the presidency as a natural born citizen.
 
1g
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Re: Born on an international flight

Sat Jun 01, 2019 3:34 am

Slash787 wrote:
So a Pregnant woman who is from South Africa and her husband is from Mongolia, gives birth to a baby on a Air Koryo flight from North Korea to Thailand, then what citizenship will the child get?

Citizenship usually does not concern where you are born, it usually concerns the citizenship of your parents.
A kid, no matter where he/she is born, is almost always entitled to the citizenship of their mother or father (If mother and father are citizens of different countries, kid is entitled to both).

Some countries do give citizenship for being born on their soil, most do not. If North Korea granted citizenship just on the basis of being born on their country (Jus soli), being born on an Air Koryo flight would entitle you to NK citizenship. But that is not the case with North Korea, they do not give you citizenship for being born on their land.

So in your specific case, that kid would most likely be entitled to Mongolian and South African citizenship. The kid would not be entitled to North Korean or Thai citizenship.
 
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TWA772LR
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Re: Born on an international flight

Sat Jun 01, 2019 4:40 am

c933103 wrote:
Slash787 wrote:
So a Pregnant woman who is from South Africa and her husband is from Mongolia, gives birth to a baby on a Air Koryo flight from North Korea to Thailand, then what citizenship will the child get?

You need to check the law of:
South Africa
Mongolia
North Korea
Thailand
And whatever country the aircraft was located at at the time of the birth

Quintuple citizenship!
When wasn't America great?


The thoughts and opinions shared under this username are mine and are not influenced by my employer.
 
flipdewaf
Posts: 2802
Joined: Thu Jul 20, 2006 6:28 am

Re: Born on an international flight

Sat Jun 01, 2019 5:37 am

aryonoco wrote:
flipdewaf wrote:
My understanding is that the laws are the same as maritime law and the child would be legally entitled to citizenship of the nation of the registration of the vessel.



As far as I'm aware, (outside of US) few countries entitle you to citizenship based solely on being born there. In most places entitlement to citizenship is based on the parents' citizenship. I know that is the case in Australia and NZ and I believe that's also the case in most European countries.

No you are correct, the country of birth would change but not necessarily the citizenship, depends on the rules of that country.

Fred


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Airstud
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Re: Born on an international flight

Sat Jun 01, 2019 7:47 am

I thought pregnant chicks in their third trimester weren't allowed to fly.
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Flanker7
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Re: Born on an international flight

Sat Jun 01, 2019 8:32 am

The article provided here will explain quite a bit

https://thepointsguy.com/2018/01/what-i ... -airplane/
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HBJZA
Posts: 330
Joined: Thu Jan 05, 2006 6:23 pm

Re: Born on an international flight

Sun Jun 02, 2019 6:15 pm

TWA772LR wrote:
So to add on to the OP; all else the same,lets say the aircraft is registered in Switzerland. Is said baby a Swiss citizen?

The baby will have parents’ citizenship as Switzerland does not give birthright citizenship.

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