What is the nationality of a baby born onboard a flight and who will issue birth certificate?

Question

What is the nationality of a baby born onboard a flight and who will issue birth certificate?

Answer 1

Your nationality is determined by international law. If you're born on an international flight, your nationality is that of your biological father. If your biological father is deceased, then you are automatically the same as your biological mother. Your birth certificate will be issued by the place where the plane lands, but because you were not actually born in any country (only in airspace), and have no automatic rights of citizenship...not even with the US.

Most countries do not bestow automatic citizenship on someone born in the country if the parents aren't there on a permanent visa or at least one parent being a citizen. The US is an exception, but even that's in the process of changing. They're tightening restrictions because of child custody problems.

Example: If your parents were Pakistanis who boarded a flight for London in Chicago, both geographic points are irrelevent. If your mom goes into labor over Canada and the plane lands in Nova Scotia, you have no claims to Canadian citizenship, not even if the plane lands and you're taken to a Halifax hospital. Reason: Your parents did not legally enter Canada before your birth. They had already left the US when they passed through Customs and got on the plane and they never arrived in London. Your parents traveled on Pakistani passports and you are automatically a Pakistani even though you weren't born in the country. The hospital will certify your birth, but that's as far as it goes. Therefore, you are a Pakistani with a Canadian birth certificate. Before your parents can travel with you, they'll have to contact the Pakistani embassy and have you added to your father's passport.

Remember: A birth certificate only proves your time and place of birth. By itself, there are no legal powers attached to it. You could try making a case for Canadian citizenship, but it is not automatic and they'd fight you on it. Your birth certificate would not claim you were born in Canada. It would only certify that you were born on Air France flight 123 over Halifax NS.

Answer 2

A friend of mine was born on a flight from Zimbabwe (Well Rhodesia as was) to Britian - her passport is British, because the aircraft is deemed to be a part of the country you are going to.

I think that's how it works