Children born on board the aircraft. What happens if a person is born on an airplane? Community born in the sky

24.11.2021

In countries where citizenship is determined mainly or predominantly by the "right of blood", there is nothing to ask about: of course not. With countries where the “right of the soil” is in force, it is more difficult. There is the 1961 UN Convention on the Reduction of Statelessness, article 3 of which reads: “For the purpose of determining the obligations of the Contracting States under this Convention, birth on a ship or aircraft shall be deemed to have occurred, respectively, on the territory of the State under whose flag the ship is flying, or on the territory of that The state in which the aircraft is registered "un.org

However, not all countries applying the "soil principle" have ratified this convention (the list can be found here: un.org) In particular, the USA is not included in their number. There is a special explanation of the State Department on this topic: “A U.S.-registered aircraft outside U.S. airspace is not considered to be part of U.S. territory. A child born on such an aircraft outside U.S. airspace does not acquire U.S. citizenship by reason of the place of birth. " (state.gov) But the right to citizenship for a child born on a plane at the moment when he flew over American territory, even in transit, is recognized (according to the same source, a child born on a plane in the United States or flying over its territory would acquire United States citizenship at birth).

At the same time, Canada, which also uses the "right of the soil", ratified this convention. This is not a formality, because there are corresponding provisions in domestic law: Under both the Former Act and the Current Act, persons born on Canadian ships or airplanes were considered to have been born in Canada (americanlaw.com). In addition, in Canada, it is not uncommon for children to be born in their airspace on airplanes in transit anywhere from the United States: in this case, the child also receives Canadian citizenship.

Russia is not one of the parties to the convention, but in our country the very fact of being born on the territory of the Russian Federation in terms of citizenship does little to decide (with the exception of special situations such as being born to a Russian or a foreigner).

It is also worth mentioning that the country of registration of the aircraft is not nearly as obvious as it seems. It is well known that Russian airlines are trying to register their aircraft abroad (in particular, in Bermuda). It is interesting that Bermuda signed the aforementioned 1961 convention (or rather, Great Britain did it for them). So, formally, a child born on an international Aeroflot flight can be considered a native of Bermuda (although they may not recognize this, since Russia does not participate in the convention). However, this fact still does not give him the right to citizenship.

A baby was recently born on an Indian Airlines plane, in the air, according to CNN news. Everything went quite well and after giving birth, the woman and the baby were taken to a local hospital. Of course, this situation is not very desirable when you have to give birth on an airplane, taxi, train, vacation, or somewhere else outside of medical institutions. That is why women in the last weeks of pregnancy are advised to plan some kind of trips, flights, etc.

What did the airline give this child?

Indian Airlines treated the little passenger carefully enough! The company donated a pass for life. In short, a person will be able to fly these airlines for free all his life. This company is not alone in giving unlimited tickets to babies born in the air. Previously, there have already been similar cases.

According to representatives of the Jetline Pacific company, 2 children were born on board their aircraft over the past 5 years. But, of course, such childbirth is very risky. If one of the passengers accidentally happens to be a doctor, then the expectant mother is very lucky! Otherwise, the delivery will be performed by non-medical professionals and it is not known how it will go. Another legal question arises: what nationality the child will be and write in the column "Place of birth". It is difficult to answer such a question unambiguously. One of the most common options is to record the country in which the aircraft is registered. This means, most likely, the child will have Indian citizenship.

Many airlines refuse pregnant passengers, so it is better to pay attention to the rules of these airlines before flying. Most companies, from women from 28 weeks of pregnancy, require a special medical certificate. But starting at 36 weeks pregnant, some airlines do not allow women to fly at all.

A child born on board a Jet Airways plane received a lifetime right to fly free of charge on this company's liners. This was reported by The Times of India.

Josie Sisimol's contractions began on a flight from Saudi Arabia to India at an altitude of over 10,000 meters. The woman was in her 30th week of pregnancy. The airliner pilots decided to make an emergency landing. The liner, heading to the city of Kochi in the south-west of the country, was sent to Mumbai. However, Josie managed to give birth about half an hour before landing.

Among the passengers on board was a doctor who, together with the flight attendants, came to the aid of the woman. No problems arose during the boy's time. The woman in labor and her son, who received a life pass, were sent to the hospital immediately after the plane landed.

This is the first such incident on board a carrier, according to Jet Airways.

It is noted that most airlines allow pregnant women to fly up to 36 weeks, but after 28 weeks of pregnancy they require a letter signed by a doctor.

TO THIS TOPIC

In October 2012 on board an aircraft en route from Simferopol to Moscow. The plane of JSC "Aeroflot - Russian Airlines" made an emergency landing in Kharkov.

During the flight, the woman's water suddenly broke. The birth was taken by the crew members and the nurse, who was among the passengers. Immediately after landing, the mother and the newborn girl were examined by doctors, then they were taken to the nearest maternity hospital.

Air travel is always a little stressful for passengers: even seasoned travelers feel anxious, fearful, and mildly unwell on long flights. If you are in the last stages of pregnancy, then it is better to refuse flights or fly, having previously consulted with a gynecologist and a therapist. But what if you have contractions on board? We will tell you about the rules of conduct and what to do if a child was born on the plane.

If you are traveling at extreme times, then always carry with you:

Mobile phone with relatives' contacts.
Sterile film (available at the pharmacy).
A card with pregnancy statements.

Keep these items (other than your mobile phone) in your carry-on bag for quick access, not your checked baggage. You can also purchase sterile gloves and cotton wool, but usually they are all on board.

A child born on board an aircraft receives a life-long right to travel

What to do?

If you feel regular contractions or if your water is loose, notify the flight attendant right away. She will immediately convey this information to the crew commander and he will make a decision - whether to land the plane, or try to take delivery in the air.

If the pilot has decided to land the plane, then you should endure as long as possible - right at the airport you will be met by a qualified medical team with all the necessary equipment. If this is not possible, the flight attendants will find a doctor or a person with medical education among the passengers. Or they will give birth on their own.

Note: do not be scared and worried about the fact that there was no doctor on board. All flight attendants undergo regular practice and courses - they are ready to accept a child.

Labor process

Remember the main rule: do not be nervous and do not be afraid. Everything will go exactly as nature intended. Try to empty your bladder and bowels. You will most likely be seated in a corner, clearing the space for passengers. Tell the birthing provider that you have a sterile oilcloth. Iodine, gloves, scissors and other essential medicines are available in the first aid kit on the plane. Relax and don't panic. Breathe deeply (short inhalation, long exhalation).

After the baby is born, clean the mouth and nose with a clean bandage, then cut the umbilical cord (at a distance of 10-15 cm from the abdomen). Don't get up - you need to lie down and wait for the afterbirth to come out (usually this happens after 20-30 minutes). In 10-15 minutes after giving birth, you can take your baby to you and attach it to your breast.

Note: even if everything went well, doctors will pick you up right after your arrival. Do not resist - they should examine both the newborn and the mother.

The main thing is not to worry or panic, and everything will go well.

Legal side of the issue

A child born in the air can acquire three citizenships:

The country to which the plane belongs.
The country in which the birth took place.
The country in which the plane landed.

It depends on the policies of the countries. In general, the plane has extraterritoriality, so most often the baby becomes a citizen of the country to which the aircraft belongs.