Babies born inflight are extremely rare occurrences. Airlines usually refuse to carry women after 36-40 weeks of pregnancy, explaining why only a few dozen of babies was ever born onboard in aviation history.
Now, suppose that a woman enters into labour at FL370. While the flight crew immediately diverts the flight, they call for the assistance of a doctor onboard. Thankfully, there is one. The newborn is delivered. What will be the citizenship of this skyborn?
First, we need to look at how nation-states grant citizenships. Under international public law, nation-states usually grant citizenships under two legal principles:
(1) jus soli (right of soil); and
(2) jus sanguinis (right of blood).
The jus soli and jus sanguinis rules
Jus soli is a legal rule originating from English common law establishing that citizenship is acquired by birth within the territory of the state, regardless of parental citizenship. This means that as long as a newborn comes to life within the territory of a jus soli state, this person will be granted the citizenship of that state. As a general rule, countries with historical high levels of immigration are usually jus soli states (United States of America, Canada, Australia, South American countries, etc.).
Jus sanguinis or sometimes referred to as bloodline citizenship is the rule when one inherits the citizenship of one’s parents, grandparents or other direct ancestors. Jus sanguinis citizenship is the general rule. One inherits the citizenship of ones’ parents, grandparents, or other direct ancestors. Examples of countries that adhere to this law include Canada, USA, France, Japan, Germany, Switzerland, Germany, Italy, etc.
Many countries have adopted both rules to govern their citizenship. That being said, countries usually further regulate how their citizenship is granted. For example, the rule of jus soli does not apply to a child of a diplomat from another country born within Canadian territory. Also, some countries like the USA do not grant citizenship to any child born on an aeroplane over their territory, or within its airspace.
So, how to determine the citizenship?
The second element to take into account is the registration of the aeroplane. Legally speaking, an aircraft is considered as the country’s soil. In other words, an airliner is a territorial extension to the country it is legally registered in.
As a general rule, skyborns receive their parents’ citizenship via the jus sanguinis rule as detailed above. However, when a child is reported to be stateless (i. e. parents lack birth registration and certification), section 3 of the 1961 Convention on the Reduction of Statelessness will apply:
For the purpose of determining the obligations of Contracting States under this Convention, birth on a ship or in an aircraft shall be deemed to have taken place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered, as the case may be.
