by Anonymous on October 24th, 2009

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The linked news story inspired this question: If a woman gives birth over the middle of the Atlantic Ocean, is the kid automatically of the same citizenship as the mother? What's put on the birth certificate for "Place of Birth?" GPS readings?

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Answers. 16 helpful answers below.

  • by Im Alec has abandoned this account on October 25th, 2009

    Im Alec has abandoned this account

    Different countries have different rules, so the child could end up having multiple citizenships - or none. British law allows someone to claim citizenship if at least one grandparent was a citizen, wherever they were born. Many countries will regard ships flying their flag as part of their territory, so the child could get citizenship that way. I don't think a GPS reading would generally be used: a ship is out of the country one it has cleared the port zone and doesn't enter again until formally admitted to the port. So a child thus born at sea might have no nationality at all. Nationality is not an exactly-one thing. While the US tries to get its citizens to give up any other citizenships they may have, they cannot force this.

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  • by puzzled on October 24th, 2009

    puzzled

    Isn't it the state in which the aircraft is registered?
    Isn't the aircraft like a ship an extension of the state in which it is registered and under the protection of that state?

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  • by calicorey on October 24th, 2009

    calicorey

    It would probably inherit the parents country.

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  • by Razzle-Fratchit on October 25th, 2009

    Razzle-Fratchit

    If born in international waters or air-space, "Country of Birth" is the country of registry of the vessel or aircraft.

    Citizenship is another matter, as laws vary from state to state. For example, if the plane was not registered to the US, the father was not a U.S. Citizen, and mother a U.S. citizen but under the age of 18, U.S. law states that the child is NOT a natural born US citizen - though Naturalization and Immigration would most likely give him citizenship almost immediately upon application by the mother once she turns 18. (This is basically what the whole Obama birth certificate issue is based on: if he was born in Kenya and his American mom was under 18, he's constitutionally ineligible for the Presidency. Interesting that the Constitution says the President must be a natural born citizen (unless born prior to 1789) but never defines what a natural born citizen is.)

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  • by Omar Little on October 25th, 2009

    Omar Little

    Place of birth should be in the air.
    Citizenship should be the same as the parent's.

    If a dog is born in a stable, it doesn't make it a horse.

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  • by Pistachio on October 25th, 2009

    Pistachio

    That's a very good Q Mensan...you have sparked something on this issue...perhaps the child can claim duel citizenship, as I do, being born over international waters, seems there would be a choice to be made.

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  • by Moley the contrary female dragon on October 24th, 2009

    Moley the contrary female dragon

    It is most definitely the registered country of the airplane that is the childs place of birth.
    http://www.suite101.com/blog/kelbycarr/baby_born_on_a_plane

    +5 if it lets me as the points monster is stalking me.

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  • by Vampire vs warewolf on October 24th, 2009

    Vampire vs warewolf

    I have learned that the baby will take the citizenship of the country he took of and the Airline too- e.g (British airway ) the baby will take the British citizenship -
    Place of Birth (ON THR AIR CRAFT) :)

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  • by the guy behind the bushes on October 24th, 2009

    the guy behind the bushes

    The baby would be from the last country the boat came from unless they are already in waters of the country its going to.

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  • by funnybunny on October 31st, 2009

    funnybunny

    Good question. I don't have an answer to it...but good question.

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  • by jessalin on October 27th, 2009

    jessalin

    I believe if the mother is a U.S. citizen then thebaby is automatically the same BUT also has the option of dual citizenship of wherever the ship or plane is registered from.

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  • by RC loves ice cream on October 25th, 2009

    RC loves ice cream

    I'm not sure, but as far as laws are concerned, a ship is bound by the laws of its country of registration while it is in international waters, and by the laws of the country in question when it is in territorial waters. Maybe it's the same for planes, and the same for babies' citizenship.

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  • by bolwerk on October 25th, 2009

    bolwerk

    Most countries, even the U.S., recognize citizenship as coming from a parent. Actually, the U.S. system of jus soili ("right of soil"), where you get automatic citizenship by being born within U.S. territory, may be the exception.

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  • by erin on October 25th, 2009

    erin

    idk but great question :) +++

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  • by Don Quixote el Manchego on October 24th, 2009

    Don Quixote el Manchego

    it would depend somewhat on the country of the parents, but most countries subscribe to the citizenship practice of 'jus sanguinis'. in most cases, therefore, the child would be a citizen of the mother's country. cuba, i believe, does not practice jus sanguinis. so there could potentially be some problems there.

    and switzerland has some complicated laws around citizenship as well. so if the mother has been granted swiss citizenship but was not born a citizen and the father is not swiss or not alive, the child would not be swiss

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  • by kybear on October 24th, 2009

    kybear

    I'm thinking the place of birth would be the destination country.

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