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Have you ever wondered what nationality is given to a baby born on a plane? If a baby is born on Delta Airlines to a Nigerian mother and a French father over Senegalese airspace, and an emergency landing is made in Mauritania, what will her citizenship be?

This is a pretty fascinating issue to research. Most people are born on land, in an area that is clearly spelled out within the borders of a country. But what happens to the few people who are born on an international flight or ship? Let's dig in!

In the story, there are 4 factors that come to play: the nationality(ies) of the parents (French & Nigerian), the airspace they are flying over (Senegalese), the country where the plane is registered (USA) and the first point of landing after the child is born (Mauritanian).

1st Factor - Blood Right!

As soon as the child is born, she is automatically a French and a Nigerian citizen. Most countries (if not all) will grant citizenship to a child if at least one parent is a citizen of that country. This is known as jus sanguinis (right of blood).

Note that in some countries, the child does not automatically inherit the citizenship of her mother, if it is different from the citizenship of her father. In such countries, the mother's nationality is only given automatically if the father is unknown or is stateless.

2nd Factor - Birth Right!

At the time of the child's birth, the airspace over which they were flying could come into play, but only if the country offers automatic citizenship to those who were born in its territories (jus soli - the right of the soil).

Sometimes, jus soli is unconditional. Other times, it is conditional on residence requirements. So, it means that a child born over the airspace or within the territorial waters of a country with unconditional jus soli can be granted citizenship of that country.

Unfortunately, in our story, Senegal does not offer unrestricted jus soli which means that the child does not automatically qualify for Senegalese citizenship by being born within the country's airspace.

Fun Fact:
The USA and Canada are the only two countries in the so-called "developed world" that still offer citizenship to anyone who was born there, whether your parents are legal aliens, citizens, illegal immigrants or residents.

3rd Factor - Citizenship of the Plane!

Since the child was born on a Delta plane, the aircraft is likely registered in the USA. This technically means that the child was born in US territory - as the laws of the US apply on its planes. But there's a catch...

However, it is rare for countries to extend citizenship to a child simply because she was born on a plane registered in that country. The exception: if the child is born to stateless parents and does not have the option of taking the citizenship(s) of her parent(s).

4th Factor - First Point of Landing!

When a child is born on a plane, there is often an emergency landing because newborn babies are really not supposed to be flying. So, in our story, the plane had to land in Mauritania. Can the child get Mauritanian citizenship? Hmm...

This one is the rarest of them all but it is not impossible for a country to grant a baby citizenship if the first place she landed after birth was in that country. It will be granted on a case by case basis.

Plural Citizenship - It is important to note which countries allow dual or plural citizenship and which do not. Believe it or not, there are some countries that forbid dual citizenship so even if a child was technical, they will have to choose one and forfeit the other.

So, our sweet baby will be Nigerian & French. Live your best life, girl! The world belongs to you. I hope you grow up to become a geographer in thought and then shine light through whatever profession you choose.

Experts in international law, over to you.

Author:
Funmi Oyatogun


Source:
https://www.autoreportng.com/2018/10/what-nationality-is-given-to-baby-born.html

Whats your take?

Read more here

https://www.autoreportng.com/2018/10/what-nationality-is-given-to-baby-born.html

Go and read about aviation and passengers. Heavy pregnancy between 7-9month can be onboard.

Really interesting.

AutoReportNG:
Whats your take?

From the seventh month of pregnancy onwards the physical burden of carrying the baby increases. The longer the pregnancy continues the higher the chance that labour will occur. For this reason most major airlines will not allow pregnant women to travel after 34 weeks1 (this includes the return flight!).

Interesting

emmie14:
From the seventh month of pregnancy onwards the physical burden of carrying the baby increases. The longer the pregnancy continues the higher the chance that labour will occur. For this reason most major airlines will not allow pregnant women to travel after 34 weeks1 (this includes the return flight!).

Well said bro, but I read of an incent of Turish Airline last year that a woman deliver on board,

https://twitter.com/TurkishAirlines/status/850348200078737411

What can we say of such?

I agree with the writer, makes sense.
Particularly on the case of first landing of the plane after child's birth.

Let's say mother leaves Lagos for US and plane has stop over in London.
Her destination is US, not London.

If she gives birth on the Lagos-London leg. She and her baby will be taken off plane and put on emergency vehicle for transportation to hospital. She will not complete her trip to US on that plane. At the hospital, by UK law, the baby's birth must be registered right away. Because the registration is done under the seal of Her Majesty Queen of England, the child's birth records for the rest of its life takes reference in UK. The baby should be able to take UK citizenship.

The first treatment center and jurisdiction that attends to the new born's health and registration of birth is reference for citizenship.

I read something similar to this a while back. A woman lives very close the border between two states. She lives on farm in New York but she will drive two miles across border to Masachusets to buy items for her household. She went into labour in store. They called ambulance and she ended in hospital in that state and gave birth. They said because of this the child is citizen of Masachusets. Oyinbo people sometimes have one or two screws loose in their head. I cant understand how New York and Masachusets are both in America but they have divided citizenship. So the child now carries two citizenships, that of Masachusets and the one for America. I didnt argue it because I needed the screws in my head to stay intact.

its gonna be nice here... I'll be back to comment when it reaches front page...

it actually reached front page... happy Sunday fellas...

AutoReportNG:


Well said bro, but I read of an incent of Turish Airline last year that a woman deliver on board,

https://twitter.com/TurkishAirlines/status/850348200078737411

What can we say of such?

Most times a medical doctor or qualified health professional may accompany the pregnant woman still that is almost impossible.

Nwaigwe

Airanian

I dey come

But where is Mynd44 sef

Good One

what of in an embassy?

God- son
Or spider man

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leonard002:
what of in an embassy?

In modern days birth registration and its jurisdiction is what grants right of citizenship.

Consider this...
Lets say for ease of clarity that a Nigerian births a child at her home in US and never went to hospital for care or registration but somehow returns with the infant back to Nigeria. How will she prove the child was born in US?

hmmm interesting I must say..

Doesn't matter. Will the baby be living in a plane even after birth?

Which nationality again.. The parents nationality na

How many times will these thread make fp? this is like my 3rd time reading similar thread on fp

The baby belongs to the country the plane was coming from.

Citizen of the world