What Happens If a Baby Is Born on a Plane? Citizenship Rules Explained

Many might assume that the baby would automatically share the same citizenship as the parents, but this isn’t always the case.

What happens if a baby is born on an airplane during an international flight? How is the child’s citizenship determined? Many might assume that the baby would automatically share the same citizenship as the parents, but this isn’t always the case.

Giving birth on a plane is extremely rare due to the challenges it presents, including low oxygen levels and a lack of advanced medical equipment in case of complications or an emergency C-section. Many airlines have strict guidelines regarding pregnancy and air travel, with some not allowing women to fly after 27 weeks, while others may allow travel up to 40 weeks with medical clearance.

Take the story of Davy Owen, for example. At seven months pregnant, she found herself in labor while flying from Ivory Coast to London with her four-year-old daughter. Her husband was not with them. Owen had traveled with medical clearance from her doctor, who assured her that there was no immediate risk of childbirth. However, the unexpected happened, and she went into labor mid-flight. A Dutch doctor on board helped deliver the baby as the plane neared the British border.

When the child, named Shona, was born, the plane was still in the sky, soon to be over British airspace.

Shona, now 28, is one of the rare few known as “Skyborn” — individuals born while airborne.

Determining Citizenship at 36,000 Feet

When a baby is born at 36,000 feet, what citizenship do they receive? The answer isn’t straightforward, as there are no universal laws governing this situation. However, a few general rules apply:

Country of Aircraft Registration: Most countries grant citizenship based on the principle of jus sanguinis (citizenship through lineage). Typically, this means the child will inherit the nationality of the parents. However, the country where the airplane is registered may also play a role in determining citizenship.

1961 Agreement: A 1961 international agreement helps clarify situations like this, stating that if a child is born on an aircraft, they may acquire the citizenship of the country where the airline is registered.

U.S. State Department’s Rule: In the U.S., the rule is somewhat unique. If a child is born on a plane, the birth location is listed as “air,” but if the birth occurs in international waters, it’s noted as “sea.”

While the legalities of citizenship might be complex, the birth of a baby on an airplane is often a cause for celebration — for both the parents and the airline. Many airlines use these rare events as promotional opportunities.

For example, Virgin Atlantic once offered a child free flights until the age of 21 when they were born on one of their flights. 

Similarly, British Airways sent Shona, born on their plane, two free tickets for her 18th birthday, which she used to visit her grandmother in Australia.