In countries where citizenship is determined mainly or predominantly by the “right of blood”, there is nothing to ask about: of course not. It’s more complicated with countries where “soil law” applies. There is the 1961 UN Convention on the Reduction of Statelessness, Article 3 of which states: “For the purpose of determining the obligations of the Contracting States under this Convention, a birth on a ship or aircraft shall be deemed to have taken place respectively in the territory of the State whose flag the ship flies or in the territory of that State in which the aircraft is registered" un.org
However, not all countries that apply the “soil principle” have ratified this convention (the list can be found here: un.org). In particular, the United States is not one of them. There is a special explanation from the State Department on this topic: “A U.S.-registered aircraft outside U.S. airspace is not considered to be part of U.S. territory. A child born on such an aircraft outside U.S. airspace does not acquire U.S. citizenship by reason of the place of birth.” (state.gov) But the right to citizenship is recognized for a child born on a plane in the United States or flying over its territory would acquire United States citizenship at birth).
At the same time, Canada, which also uses the “law of the soil”, ratified this convention. This is not a formality, because... There are corresponding provisions in domestic legislation: Under both the Former Act and the Current Act, persons born on Canadian ships or airplanes were considered to have been born in Canada (americanlaw.com). In addition, in Canada, it is not uncommon for children to be born in their airspace on planes transiting somewhere from the United States: in this case, the child also receives Canadian citizenship.
Russia is not one of the parties to the convention, but in our country the very fact of birth on the territory of the Russian Federation decides little from the point of view of citizenship (with the exception of special situations such as birth from a Russian and a foreigner).
It is also worth mentioning that the country of registration of the aircraft is not as obvious as it seems. It is well known that Russian airlines try to register their aircraft abroad (in particular, in Bermuda). It is interesting that Bermuda signed the aforementioned 1961 convention (or rather, Great Britain did it for them). So technically a child born during international flight Aeroflot, can be considered a native of Bermuda (although they may not recognize this, since Russia does not participate in the convention). However, this fact still does not give him the right to citizenship.
On July 17, on board a plane flying from Khabarovsk to Thailand, one of the passengers gave birth to a daughter. Irina, the 36-year-old wife of Amur businessman and politician Sergei Bovkun, was flying to Phuket with her husband and eldest child, apparently expecting to give birth there.
Now airlines and travel agencies are vying to find out how a woman in her 38th week of pregnancy got on the flight - most carriers try not to take such passengers, at least without a doctor’s certificate and a letter of guarantee from the expectant mother herself. Although prohibiting someone from boarding a plane is not very legal...
One way or another, in the fifth hour of the flight (there were two hours left before Phuket), events began to develop very quickly. The woman began having intense contractions and her water broke.
" The flight attendants asked passengers to respond if there were doctors among them. Two girls responded - senior students at a medical university and a female paramedic.
The woman in labor was placed on chairs at the back of the plane, examined, and everything that was possible was found, made from medical materials, and partly from improvised materials. True, this turned out to be sparse: only sterile gowns, diapers and bandages were found. Someone found gauze and used it to tie the umbilical cord after childbirth. For disinfection, one of the passengers donated... a bottle of vodka, which was used to treat the umbilical cord, as well as everything that was necessary.
One of the girls, Kristina Zamorochko, watched the woman in labor, at the same time encouraging her, and the other, Svetlana Sonina (by the way, was flying to Honeymoon) - accepted the child.
- It felt like Sveta and I had done this more than once before,- says Christina Zamorochko, - everything is automatic.
Less than half an hour later the baby was born! The students, who had never given birth on their own before, had to cope with the umbilical cord entwining the neck, and they also coped with this sudden “practice” successfully.
" All passengers held their breath, waiting for the first cry of the newborn (although the most impressionable ones went further away in advance, to the bow). After the girl's airway was cleared, and a loud scream filled the entire salon, there was loud applause!
Svetlana and Christina only realized after it was all over how great the risk was - before that they simply had no time to think. By the way, they also had to clean the “delivery room” - the flight attendants, who were in shock, were unable to do this. Although airplane crews are even trained to deliver babies, apparently everyone still has to do their part...
However, although the birth went well, the mother needed medical attention - there was simply nothing to stitch up the small tears, and therefore the bleeding did not stop, and there were two whole hours left before Phuket. We had to land the plane at Hanoi airport, where doctors took Irina and the child to the hospital. Well, the plane continued its flight a couple of hours later...
On the third day, the mother and newborn Victoria were already discharged; Vietnamese officials immediately issued a passport for the girl.
" And future doctors who delivered babies were promised to be encouraged by the university administration - after all, the girls behaved with dignity in an unexpected situation and provided professional assistance, which means that the years of study were not in vain!
And, of course, the question arises - who is to blame for the fact that all the passengers, the crew, and, of course, the mother and child herself survived such a dangerous adventure?
On the one hand, although airlines require, especially after 32-36 weeks, a doctor’s certificate or a letter of guarantee from the woman herself, they do not have the right to not allow her on board at all. And the circumstances can be very different, requiring a truly emergency flight.
On the other hand, it is not very good (although this happened, of course, involuntarily) to make all passengers “participants” in the birth, to cause them considerable anxiety, and besides, to delay their rest for several hours.
And, of course, childbirth in such conditions is always a huge risk! The fact that this time everything ended well is simply wonderful; but where is the guarantee that there will be competent and responsible doctors on every flight, and that the baby or mother will not need emergency measures to be saved?
In a word, I’m happy that everything ended well!
"And, by the way, according to existing tradition, a child born on board an airplane receives a lifelong right to free flights from the airline...
And about when and how to travel by plane during pregnancy -
For most people, air travel is always somewhat stressful and anxious, and long distances generally cause mild discomfort for most people. Pregnant women who are nearing their due dates should avoid flying altogether. But, if the flight cannot be cancelled, you should visit a gynecologist and therapist for consultation and instructions. They will tell you in detail what you need to take with you and how to behave on board if labor suddenly begins.
So, it’s no secret that if a child is born in the air, he receives citizenship, but what kind? Citizenship laws are different in all countries, and while one country may grant citizenship immediately, another may not have it so easy or may not have the option at all. So, if a child is born on an airplane, what citizenship will the child receive?
He can obtain one of three citizenships:
- The country to which the aircraft belongs.
- The country in which the birth took place.
- Countries where the plane landed.
Everything lies in the established legislation of each country. In fact, aircraft, especially long-haul ones, can fly over several countries in one flight. What happens if a baby is born on an airplane flying over several countries at the same time? Often, the child is assigned the citizenship of the country to which the ship belongs.
Another important and very good bonus is that a child born on board an aircraft has the right to fly for free. Almost all airlines practice this rule. This is often accompanied by restrictions, for example, up to 10 flights per year throughout life or until adulthood.
Let's give an example. Great Britain and its territories. If you give birth on a plane, your newborn can only obtain citizenship if his parents are British citizens.
If, for example, in the United States a child was born in water or airspace, he automatically receives American citizenship in exactly the same way as if the child is born in American hospitals.
What pregnant women need to take with them
If, however, you are at the last deadline, and the flight cannot be cancelled, what you need to have with you on the plane:
- Mobile with contacts of relatives.
- Sterile diaper.
- A medical card with statements about the course of pregnancy.
All this must be kept to yourself - in hand luggage, but not in luggage. If you wish, you can also buy sterile gloves and cotton wool at the pharmacy, in addition to diapers, but these are often available on board.
If contractions start
If your water breaks during a flight and your contractions become more frequent, you should tell the flight attendant about this. She will tell the captain of the plane about the situation and, perhaps, he will make a decision on an emergency landing at the nearest airport. If permission is not given to board the plane, the birth will take place on the flight.
If the commander nevertheless decides to land the aircraft, the pregnant woman will have to endure it. At the airport, the woman in labor will be met by health workers with everything she needs. If such a chance does not arise, the flight attendants will try to find a medical worker or doctor among the passengers, or they will deliver the baby themselves.
Important! A pregnant woman does not need to worry or be afraid that there is no doctor among the passengers. Flight attendants undergo training regularly, so they will be able to deliver babies on board the aircraft.
Childbirth process
Mothers should remember that they should not be afraid, worried, or nervous if childbirth on board an airplane is inevitable! Everything will happen naturally. The bladder and bowels should be emptied. The woman in labor will be seated in the corner, freeing up space from passengers.
The child was born on a plane from St. Petersburg at an altitude of 10,000 meters
In this case, you will need a sterile diaper, which must be kept with you, but all other medications, as well as iodine, gloves, and scissors are always available on all planes. After the woman in labor is allocated a place, she should relax, stop panicking and concentrate on breathing (short inhale, long exhale).
As soon as the baby is born, using a bandage, the nose and mouth are cleaned and the umbilical cord is cut, tied, 15 cm away from the tummy. It is not recommended for a woman in labor to get up until the end of the flight. After giving birth, you should lie down for another half hour until the entire placenta comes out, and after 15 minutes you can take the newborn to you.
It is important to remember that even if the birth was successful, a medical team will still pick you up upon arrival. A baby born on board a plane must undergo a thorough medical examination, as does its mother, to ensure that they are okay and their lives are not in danger.
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There are many stories about how a woman gave birth during an international flight and the newborn received foreign citizenship. This happens, but you can’t do without pitfalls. In general, it is not recommended to fly late in pregnancy. But if this happens, then we’ll tell you how childbirth on board an airplane actually works.
How to give birth on a plane
The good news is that flight attendants are trained to deliver babies. Therefore, if you find yourself in such a situation, then do not be afraid and breathe deeply. The flight attendants know what to do.
The bad news: even the fastest labor takes an average of 4 hours. Therefore, on a long-distance flight, you risk hitting the jackpot called “giving birth on a plane that is about to land.”
Advice: if you are in the last stages of pregnancy, be sure to take with you on the plane:
- card with pregnancy statements;
- sterile oilcloth;
- cotton wool;
- sterile gloves.
Before departure, inform the staff about your condition. There is a chance that the pressure drop and general stress level will make you feel unwell. And in exceptional cases, premature birth may begin.
In general, the World Health Organization recommends refusing to fly in three cases:
- If the pregnancy is already more than 36 weeks (more than 32 weeks for multiple pregnancies).
- If pregnancy occurs with complications (pregnancy pathology, threat of miscarriage, etc.).
- If 7 days have not passed since the birth.
How citizenship is assigned
Now to the legal side of the question: how is citizenship assigned? A child born on board can claim three types of citizenship:
- Citizenship of the country to which the aircraft belongs.
- Countries over whose territory the birth took place.
- Countries where the plane landed.
You can apply for a passport from the state where the plane landed if the laws of that country provide citizenship by “law of the soil.”
"Right of the Soil"- This is one of the principles of acquiring citizenship. It means that a newborn becomes a citizen of the country in which he was born, regardless of the citizenship of the parents.
Another principle is “right of blood". The child receives citizenship according to the citizenship of the parents, and the territory of his birth does not matter. "Right of blood"adhered to by most states.
In 2019, the following countries adhere to the principle of “law of the soil”:
- Belize
- Barbados
- Argentina
- Antigua and Barbuda
- Venezuela
- Bolivia
- Grenada
- Brazil
- Guatemala
- Dominica
- Guyana
- Dominican Republic
- Honduras
- Malaysia
- Lesotho
- Colombia
- Canada
- Nicaragua
- Mexico
- Panama
- Peru
- Pakistan
- Paraguay
- Romania
- Saint Christopher and Nevis
- Saint Lucia
- Salvador
- Saint Vincent and the Grenadines
- Chile
- Fiji
- Uruguay
- Jamaica
- Ecuador
- Trinidad and Tobago
In general, everything depends on the country’s policy. But the most common practice is to obtain citizenship of the country that owned the plane.
Yesterday, all news feeds were full of the message that a Boeing-777 flying to St. Petersburg from Simferopol made an unscheduled landing in Rostov-on-Don. The flight had to be aborted due to sudden labor in one of the passengers.
On August 8, on board a Rossiya Airlines plane, one of the passengers on flight SU6888 went into premature labor. There were doctors on board among the passengers who helped the flight attendants receive them. Everything went well, and the boy was born before the plane landed in Rostov. There, the mother and newborn were sent to the hospital, after which the plane continued its journey to the Northern Capital.
You can have different attitudes to this fact, but I’ll be honest, I really wouldn’t want to be on that plane. The birth of a child is always a joy and an extraordinary mystery, but why get on a plane if you're already going into labor?
The flight duration from Simferopol to St. Petersburg is 3 hours 15 minutes. Even rapid labor lasts at least four hours from the start of contractions until the baby is born. Why did the woman in labor take such a risky step? Was it really necessary to be in St. Petersburg? But what about responsibility for your position and for the life of your unborn child? But what about the interests of the remaining passengers who waited almost seven hours at the Rostov-on-Don airport until they were sent onward?
Of course, it’s impossible to think about this when your body is tormented by contractions, but would it be possible to foresee such an outcome when buying a ticket?
All flight attendants have the necessary skills to assist in childbirth, but this is an extreme case, it seems to me.
And now about the legal side of the issue of childbirth at height:
A child born in the air can receive three citizenships:
The country to which the aircraft belongs.
The country in which the birth took place.
The country in which the plane landed.
And one more pleasant fact: a child born on board an airplane receives a lifetime right to free flights. This is a common practice among many airlines. True, carriers often impose some restrictions: no more than ten flights per year or until adulthood.
Now many airlines have every right to refuse to fly a pregnant woman. This is a very right decision, otherwise many would rush to buy plane tickets on the eve of the birth, especially from foreign companies. And what? You fly over Switzerland on a Swiss flight from Moscow to Zurich, give birth somewhere over Germany and voila! Your child is either Swiss or German))). And free flights are also a bonus. There would be no end to those interested.
How do you feel about ladies who decide to give birth on board an airplane?
