Pregnant Traveler's Guide to Birth and Nationality on Board an Aircraft

The birth of a child aboard an aircraft can raise many questions, especially concerning nationality. Whether your pregnant spouse is traveling to the USA or another country, understanding the rules and implications is crucial for ensuring a smooth and legal process.

Factors Affecting Child's Nationality

The nationality of a child born on board an aircraft depends on several factors, including the laws of the countries involved and the circumstances of the birth. Here's a comprehensive guide to help you navigate these complexities.

Birthplace

In general, a baby born on a flight registered in a specific country might be eligible for citizenship of that country, depending on the country's laws. However, many countries do not automatically grant citizenship based solely on being born on an aircraft. For instance, the U.S. typically does not recognize birthright citizenship to children born on its registered aircraft unless the aircraft lands within U.S. territory or territorial waters.

Parents' Nationality

Most countries follow the principle of jus sanguinis, under which a child inherits the nationality of their parents. This means that if your wife is a citizen of a specific country, the baby will usually inherit that nationality, regardless of where the birth occurs.

Destination Country

If your wife is traveling to the U.S. for delivery and the baby is born on the aircraft before reaching U.S. soil, the child would not automatically gain U.S. citizenship. U.S. citizenship requires birth on U.S. soil, land, or territorial waters, as per the current laws.

Impracticality and Legal Concerns

Planners may consider intentionally timing the birth to a specific time, such as inducing labor on the plane. However, this approach is highly impractical and fraught with legal challenges. For example, as of January 2020, the U.S. government has prohibited admitting travelers or issuing visas for those whose sole purpose is to have a child in the USA for the purpose of obtaining citizenship. This policy has been in place for two years and is heavily enforced.

Even if you manage to induce labor successfully, the baby would still be considered a child of your nationality, given that you wouldn't be traveling with the intent to facilitate U.S. citizenship for the child. This would mean the baby would inherit your nationality instead.

Consulting Legal Experts

In summary, the nationality of the child is likely to be determined by the parents' citizenship. However, the specific circumstances and laws of each country must be carefully considered. If you are considering U.S. citizenship for your child, consulting with an immigration attorney is recommended to ensure a smooth and legal process.

Remember, it is crucial to understand the current legal framework and adhere to the regulations to avoid potential issues and complications.