The birth of a child aboard a plane is a rare fact, but already happened in the past: thanks to a 2019 study, we know that well 74 children Between 1929 and 2018 they were born thousands of meters in height. But how do you determine the citizenship of a baby born on the plane? It is not a simple question: the provisions of the law of the parents of the parents must be taken into consideration – thus considering it ius sanguinis – as well as the country where the plane is recorded, of the country of destination and possibly also of what the plane is flying over, thus observing the rules of ius soli. When this exceptional fact occurs, it is the on -board staff, with the possible help of a doctor – if present – to help the mother to give birth, and the commander performs the function of officer who records the birth.
What citizenship has those who are born in a plane
To assign citizenship to a child or boy born in flight, reference is made to the various principles of nationality, the ius soli And it ius sanguinis. According to the ius solithe unborn child assumes the citizenship of a country For the mere fact of being born on that territory, according to the ius sanguinis Children take on the citizenship of parentsregardless of the territory in which they were born. Each state, including Italy, then regulates the law according to different variations.
For the baby born at high altitudes, in the cases documented to date, one have applied each other, the other or a combination of both because in the end Each state of the world decides independently who their citizens are. This made it necessary to evaluate the case situation in case.
Among the criteria considered there is also The country where the plane is recordedtherefore seen as a sort of “territory” on which the boy or girl was born. According to the international civil aviation agreement, drawn up in 1944 and known as Chicago agreementeach aircraft falls under the jurisdiction of the state of registration. However, the agreement does not establish any specific rule regarding births on board: competence remains in fact to individual states, and not to international legislation. A child born on a plane, therefore, can have the nationality of the country of registration of the aircraft, but also takes on the nationality of the parentsaccording to the ius sanguinis or that of country of destinationwhere the little one “will touch the ground for the first time” and/or of the country at that time flewaccording to the ius soli.
It is not automatic, however, that those born in flight can travel free all their lives, even if many companies have given the children the card with miles for free.
What happens if a child was born on a plane
If a passenger comes into labor during the flight, first is moved to the quietest and most isolated area possible: here the flight attendants take care of the Mother’s well -being and of the cleaning of the spaceand ask with an announcement the availability of a doctor on board. In fact, hostess and stewards are not formed specifically to manage a birth, but they are for medical emergencies: they are therefore able, as far as possible and the specificities of the situation, to assist a mother who is giving birth to her baby.
When the child was born, the commander performs the function of Registrar: then record the birth in the on -board newspaper and officially identifies the baby.
Once landed, the commander sends the birth declaration to Director of the airport who warns the competent authority in the area, and mom and child are brought to the hospital: here they will be assisted and officially registeredaccording to the provisions of law in force.
How many children are born on board planes? What the data say
In 2019, Travis Heggie of the Bowling Green State University in Ohio conducted the study Skyborn: In-Flight Emergency Births On Commercial Airlines in which he analyzed the data available in the last century to observe how births were actually managed both from a practical point of view and according to the right. The study showed that, between 1929 and 2018, they were born on commercial flights 74 babiesof which 30 girls, 30 boys, and 14 of which sex has not been specified. To these are added other small born in more recent years. 77% were born on international flights, while 23% on internal sections.
