Us Airport Births: Citizenship And Baby Rights

Giving birth on a plane is rare, but it does happen. When it does, the laws surrounding the citizenship of the newborn can be complex and depend on a variety of factors. These include the citizenship of the parents, the location of the birth, and the laws of the countries involved. For example, if a baby is born over US airspace, the jus soli rule means the child would be granted US citizenship. On the other hand, if the mother has no official citizenship and the baby is born in international airspace, the baby would likely take the citizenship of the country in which the plane is registered.

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Citizenship determined by where the plane is registered

Giving birth mid-flight is an extremely rare occurrence. Most airlines have rules in place that prohibit people from flying after a certain point in their pregnancy, making it unlikely for someone to give birth on an aeroplane. However, in the rare case that someone does give birth while on an international flight, the child's citizenship could be determined by where the plane is registered.

If a baby is born over United States airspace, the jus soli rule means the child would be granted US citizenship, according to the Department of State Foreign Affairs Manual. Depending on the circumstances, the child may also be a candidate for dual citizenship if their parents are from a country that grants citizenship based on blood. However, this simplicity does not extend to a jus sanguinis country. This means that a non-American parent cannot obtain US citizenship for their baby just because they gave birth over US airspace. The baby would simply take on the parent's citizenship, as the United States also generally follows jus sanguinis when a baby is born to US citizens in a foreign country.

According to the United Nations' Convention on the Reduction of Statelessness agreement, if there is a case where the child could be stateless—such as when the mother has no official citizenship and the baby is born in international airspace—the baby would likely take the citizenship of the country where the plane is registered. However, it is important to note that a US-registered aircraft outside US airspace is not considered US territory, and a child born on such an aircraft does not acquire US citizenship by reason of the place of birth.

In most cases, babies born on international flights will take the citizenship of their parents, as jus sanguinis is the more common rule around the globe. The citizenship of a newborn is determined differently in each country, with some following jus sanguinis (right of blood) and others observing jus soli (right of the soil).

Jus soli rule: right of the soil

Jus soli, or the "right of soil", is a legal theory that provides that citizenship is acquired by birth within the territory of a state, regardless of parental citizenship. It is based on the idea that national membership is determined by acquiring loyalty to state institutions and acceptance of a shared political culture. Jus soli was part of the English common law and is the predominant rule in the Americas, serving as the basis for citizenship in nearly every nation-state in the Western Hemisphere. It is also the foundation for the Fourteenth Amendment to the Constitution of the United States.

Jus soli differs from jus sanguinis, or the "right of blood", which grants citizenship based on the citizenship of one's parent or parents. By the early 21st century, 35 countries were granting unrestricted birthright citizenship, while an additional 40 countries were providing birthright citizenship with restrictions, such as requiring one or more parents to be citizens or residents of that country. Some countries impose a residency requirement, mandating that parents live in the country for a certain number of years before children born in the country become eligible for conditional jus soli citizenship.

The application of jus soli can be complex, especially in cases of mid-flight births. While rare, such occurrences can lead to questions of citizenship. If a baby is born over United States airspace, the jus soli rule means the child would be granted US citizenship. Similarly, according to the United Nations' Convention on the Reduction of Statelessness agreement, if a mother has no official citizenship and the baby is born in international airspace, the baby would likely take the citizenship of the country in which the plane is registered.

The concept of jus soli has evolved over time and is influenced by historical and political factors. In the United States, birthright citizenship is rooted in colonial history when settlers born in the colonial United States were considered "natural-born" subjects of the King of England. The idea of citizenship based on birth within US borders may also have been influenced by republican principles and French writer Emer de Vattel.

Jus sanguinis rule: right of blood

The Jus Sanguinis rule, also known as the "right of blood", is a principle of nationality law that determines a child's citizenship based on that of their parents. In other words, a child's nationality is acquired by the nationality of one or both parents. This principle contrasts with jus soli or the "right of soil", which is based solely on the place of birth.

The Jus Sanguinis rule was historically associated with the father's nationality, but today, most countries extend this right equally to the mother. Some countries apply this right irrespective of the place of birth, while others limit it to those born in the state. For instance, the United States grants citizenship based on jus soli to people born within its borders and also grants citizenship based on jus sanguinis to children born outside its borders to US citizen parents, provided the parents meet certain residency criteria. Similarly, the United Kingdom usually applies jus sanguinis but also has a jus soli principle for children of foreign citizens living in the UK.

In cases where the child could potentially be stateless, such as when the mother has no official citizenship and the baby is born in international airspace, the baby is likely to take the citizenship of the country the plane is registered in, according to the United Nations' Convention on the Reduction of Statelessness agreement.

It is important to note that each country has its own specific laws and criteria for determining citizenship, and these laws can change over time. For example, children born outside the US but now living in the US may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA) if certain conditions are met.

Citizenship of parents

The citizenship of a child is influenced by the citizenship of their parents, especially when the child is born outside the United States. According to the United Nations' Convention on the Reduction of Statelessness agreement, if a child is born in international airspace and the mother has no official citizenship, the baby will likely take the citizenship of the country in which the plane is registered.

In the case of a child born on a flight to the United States, the child would be granted US citizenship according to the Department of State Foreign Affairs Manual. This is due to the jus soli rule, which grants citizenship to a baby born on US soil regardless of the parents' origin. However, if the parents are from a country that grants citizenship based on blood, the child may also be eligible for dual citizenship.

For children born outside the United States with at least one US citizen parent, there are specific requirements to obtain US citizenship. Firstly, the US citizen parent must have resided in the United States or its territories for a specified period before the child's birth. This requirement varies depending on when the child was born. For children born between December 24, 1952, and November 13, 1986, the parent must have been physically present in the United States or its territories for ten years, with at least five of those years being after the age of 14. For children born on or after November 14, 1986, the residency requirement is reduced to five years, with at least two of those years being after the age of 14.

Additionally, the child must meet other requirements, including having a genetic or gestational connection to the US citizen parent and being born within a certain timeframe of the marriage or divorce of the parents. If the child is born out of wedlock, there may be additional requirements, such as evidence of a blood relationship with the US citizen father and a written agreement to provide financial support until the age of 18.

To obtain US citizenship for a child born abroad, parents can apply for a Consular Report of Birth Abroad (CRBA) before the child turns 18. This serves as proof of the child's US citizenship. Alternatively, the child can apply for a US passport by providing their foreign birth record showing their parents' names. It is important to note that the law in effect at the time of the child's birth determines whether they are a US citizen, and specific eligibility requirements can be found in the USCIS Policy Manual, Volume 12, Part H, Children of US Citizens.

Citizenship of babies born to US citizens outside the US

Citizenship laws for babies born outside the US vary depending on the country and the circumstances of the birth. In the case of a baby born to US citizens outside the US, there are several ways for the child to obtain US citizenship. Here is some information on the topic:

Citizenship for Babies Born to US Citizens Outside the US

The United States generally follows the jus sanguinis (right of blood) principle, which means that a baby's nationality is determined by that of one or both parents, even if the child is born abroad. To transmit citizenship to the child, the US citizen parent(s) must also meet certain residency or physical presence requirements in the United States before the child's birth.

According to the US Citizenship and Immigration Services (USCIS), a child born outside the US to US citizen parent(s) may acquire US citizenship at birth under the Immigration and Nationality Act (INA 301) if the following conditions are met:

• At least one legal parent is a US citizen by birth or naturalization.
• The legal parents are married to each other, and at least one legal parent has a genetic or gestational relationship with the child.
• The US citizen parent(s) meet the residence or physical presence requirements under the applicable law.
• The child meets all other applicable requirements under INA 301.

It is important to note that the law in effect at the time of the child's birth determines whether they are a US citizen. Therefore, it is advisable to refer to the USCIS Policy Manual, Volume 12, Part H, Children of US Citizens, for specific information and eligibility requirements for different time periods.

Citizenship for Babies Born on International Flights

In the rare event of a baby being born on an international flight, the citizenship determination can become more complex. The citizenship of the child may depend on factors such as the country where the plane is registered, the airspace the plane is in at the time of birth, and the citizenship of the parents. If the mother does not hold official citizenship and the baby is born in international airspace, the baby would likely take the citizenship of the country in which the plane is registered, as per the United Nations' Convention on the Reduction of Statelessness agreement.

Frequently asked questions