What is your nationality if you’re born on a plane?
Out of all the weird yet valid questions that exist, this is the most interesting one for sure: What is a person’s nationality if he or she was born on a plane? We all know that a person’s place of birth is important as it determines their citizenship and the rights they will be entitled to. However, the international laws on this topic are complex as different countries have different notions of nationality.
Who governs the air?
Every country has different principles, guidelines, laws, policies and rules when it comes to the nationality of a child born on a flight. In fact, many countries have strong claims of owning the air. While most countries agree to a 43-mile extension across the sky, some countries even demand an extension up to 99 miles.
In 1976, countries that pass the equator signed an international treaty amongst themselves called the Bogota Declaration and claimed that they owned 22300 miles above and below their allotted territories. This has, however, been disputed and challenged over the years, and has all come down to what the airline decides.
One example will make it easy for us to understand. If a pregnant woman goes into labour on a plane flying from India to New York via Europe, and delivers her baby while passing over UK border, technically, the child’s place of birth will be UK. The child will also be entitled to the citizenship of his or her parents. However, countries like India no longer allows dual citizenship.
India’s air law
In case of India, if a person is born 43 miles outside of its borders, that person, irrespective of his or her parents’ nationalities is entitled to receive the rightful citizenship of the country. However, if a plane flies over any of the surrounding seas or oceans, like the Indian Ocean, Arabian Sea or Bay of Bengal, India, despite opposition from the neighbouring SAARC countries, will offer its citizenship to the newborn.
Does the airline get to have a say?
In some cases, the airline on which the mother is travelling can make a call about the newborn’s nationality. This happens mostly in the case of nationalized airlines. For example, if a flight is registered under the Norwegian government airlines, and is flying over the Atlantic Ocean or between the borders of any other countries, a baby born on the flight is considered to be born in Norway and is rightfully given the Norwegian nationality and citizenship rights.