Re: Mom, baby OK after mid-flight delivery

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This comes up now and again, and the answer is that there are multiple
possible outcomes. As with many international-law issues of personal
status, like dual citizenship and so forth, there are multiple
countries with an interest in the outcome and a body of their own
citizenship and international law, and those claims and interests are
not necessarily aligned and non-overlapping.  And it also depends what
the interests of the child (expressed, i.e., through her parents) are
and how they are presented.

The most obvious and likely outcome is that the child will have (at
least) Jordanian citizenship, in the same way as if the mother gave
birth during a vacation or trip out of the country.  If the birth
occurred in Canadian airspace or on the ground in Canada, the child may
also possibly be able to claim Canadian citizenship. Some countries
also give citizenship weight to the place of recording of a birth in
international waters/airspace (I don't know if Canada does) under the
so-called "next port of call" rule.  The claim of the Netherlands (due
to the aircraft's registry) is relatively weak, but depends
specifically on Dutch admiralty/aviation law, and its laws of
abjuration of jurisdiction and deference to other countries' claims.
But there's no slam-dunk answer.

--
Michael C. Berch
mcb@xxxxxxxxxxxxxx


On Aug 18, 2004, at 7:07 PM, Mark Greenwood wrote:
> If a Jordanian woman gave birth on a Dutch plane traveling from
> Amsterdam to
> Chicago while over international airspace, but is now resting
> comfortably in
> a Canadian hospital... what nationality is the baby?

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