Originally Posted by
IO540
Is it still true that if giving birth aboard, the child acquires the citizenship of the aircraft registry?
Only if the State the aircraft is registered in has provision for
Jus Soli citizenship. (Citizenship granted by being born in a particular country.) America does, but neither the UK nor Australia does. A full list of countries who do, is available at
Jus soli - Wikipedia, the free encyclopedia
If an aircraft is flying outside the territory of any State, then the birth is considered to have taken place in the State in which the aircraft was registered. If the aircraft is flying over the territory of a State, that
may not be the same State in which the aircraft is registered, then the birth is considered to have taken place in
both States, and both jurisdictions may lay claim to the child. Once again, the State in question must operate using
Jus Soli, otherwise the child will not automatically gain citizenship.
Children born to citizens of third-party States - that is, countries that are neither the State of Registry of the aircraft, nor the State being overflown, are usually able to claim
Jus Sanguinis - citizenship based on being descended from a citizen. In most places though, this is not automatic, as the birth certificate will show a foreign country (sometimes two) as the place of birth - but it is almost always a simple paperwork exercise.