baby is born inflight

robclay26

Hi,
Anybody know what you do for a birthcert if a baby in born in flight? Ok citizenship is the same as the parents or one of the parents if say 1 is Irish and the 2nd parent is German, But say a baby is born over the atlantic on a Aer Lingus flight Dublin to Boston?

do you put on birth cert:
(A) Ireland becasue flight started here?
(B) Ireland becasue plane is registered here and the operator is Irish?
(C) Ireland becasue one parent is Irish?
(D) USA becasue the flight will terminate there?
(C) Iceland if the flight diverted there on medical grounds?
You would hardly put on the Birthcert place of birth Aer Lingus A330 EI-ELA????

Thanks for you help

Davidth88

Really good question !

I suppose it's the country the flight came from

Can you imagine if it was the country the aircraft was registered , Ryanair , and various leasing companies have EI aircraft flying all over the world.

On a slightly more sober thought , I was out with a bunch of friends who are all cabin crew with a large international airline . I asked them what they do if someone dies.

They said that they would move the people in the same row , and leave the poor deceased in their seat so as to not make a fuss. I asked what would happen if the aircraft was full , they said they may use the aircraft loos.

One wag amongst them , did say that the deceased frequent flyer miles would still get added to their account :-)

Hogzy

Usually Just Soli will apply and the child will can take the citizenship of where the vessel (be it aircraft or ship) is registered or the flag it sails under

slimjimmc

It depends on the jurisdiction when you land. The UN consider place of birth to be the country of the aircraft's registration i.e. Ireland but the country where the child disembarks may record the place of birth as there. If the baby was born in a country's airspace then that's often deemed as being born in that country.

Tenger

robclay26 wrote: »

Hi,
Anybody know what you do for a birthcert if a baby in born in flight?......But say a baby is born over the atlantic on a Aer Lingus flight Dublin to Boston?

There was a baby born on an EI flight a long time ago (I think it was the 1980's) He was born on over the Atlantic on a B747. He was christened Patrick after the name of the aircraft and I have been told EI gave him free flights for life. (That may well be no longer valid in the new business environment of aviation)

Not sure of what citizenship he ended up with.

sonyair

I am sure once the female passes a certain amount of weeks she can't fly anyway

L1011

sonyair wrote: »

I am sure once the female passes a certain amount of weeks she can't fly anyway

People lie / forge doctor's letters.

Davidth88

sonyair wrote: »

I am sure once the female passes a certain amount of weeks she can't fly anyway

Usually 32 weeks with Dr's letter, but a baby at 32wks is totally viable

robclay26

sonyair wrote: »

I am sure once the female passes a certain amount of weeks she can't fly anyway

Correct, I think this is down to the airlines, I didnt see anything in Air Law about it.
But it has happened 3 or 4 times this year babies born in flight, as somebody else said, forged doctors letter and/or the baby come early.

howyanow

a certain irish airline would probably charge for the newborn before the plane arrived at its destination!!

BrianD

Is this a hypothetical question or a real one?

I understand that most airlines would refuse a heavily pregnant woman to board a flight.

gbee

sonyair wrote: »

I am sure once the female passes a certain amount of weeks she can't fly anyway

Yes, this has been increasingly enforced by many airlines, it had been a guideline for many, many years, but the patient's doctor would make the call.

Now, it's statutory except for some third world airlines.

Delancey

Real case this - a Vietnamese refugee ( this occured some time around the fall of Saigon in 1975 ) gave birth while onboard a US Air Force transport aircraft while said aircraft was transiting French airspace.

It got a lot of publicity at the time that the baby was entitled to 3 choices of citzenship , Vietnamese by virtue of parents nationality , US by virtue of being born on US military plane and French becuase of the airspace.

robclay26

BrianD wrote: »

Is this a hypothetical question or a real one?

I understand that most airlines would refuse a heavily pregnant woman to board a flight.

robclay26 wrote: »

Correct, I think this is down to the airlines, I didnt see anything in Air Law about it.
But it has happened 3 or 4 times this year babies born in flight, as somebody else said, forged doctors letter and/or the baby come early.

Brian, its real, i said about 3-4 born in flight this year

John C

robclay26 wrote: »

Hi,
Anybody know what you do for a birthcert if a baby in born in flight? Ok citizenship is the same as the parents or one of the parents if say 1 is Irish and the 2nd parent is German, But say a baby is born over the atlantic on a Aer Lingus flight Dublin to Boston?

do you put on birth cert:
(A) Ireland becasue flight started here?
(B) Ireland becasue plane is registered here and the operator is Irish?
(C) Ireland becasue one parent is Irish?
(D) USA becasue the flight will terminate there?
(C) Iceland if the flight diverted there on medical grounds?
You would hardly put on the Birthcert place of birth Aer Lingus A330 EI-ELA????

Thanks for you help

I looked at some other websites. There is no one definite answer.
One answer was "International Airspace" on the the birth certificate.

http://www.airliners.net/aviation-forums/general_aviation/print.main?id=2033787
The baby initially assumes the nationality of the MOTHER for immediate arrival formalities. Remember, the baby has to be classified as a national of some country to complete the paperwork when the plane lands! The nationality of the father is irrelevant until a birth certificate naming him as father is prepared, which cannot be done inflight. In the event of the mother becoming deceased at delivery, the child is treated as a ward of the state whose flag operation is being conducted, and NOT that of the state whose registration is carried on the aircraft (if it is different). If the mother carries dual nationality, then the nationality of the documentation used to make the current flight is considered to be the primary citizenship. The airspace being flown over at the time of delivery is totally irrelevant. The aircraft and all enclosed within it is considered to be the soil of the country whose flag it is flying and the child *may* be entitled to that nationality depending upon individual country laws on the issue. The birth certificate will read "International Airspace" as place of birth.

I am only quoting this reply. I am neither an immigration officer nor a birth registrar.


Second point about ladies in a delicate condition on an EI transatlantic flight
From Aer Lingus Website: http://www.aerlingus.com/help/help/specialassistance/#d.en.1328

Passengers Travelling while Pregnant
Between Ireland and the UK:xxxxxxx Topic is transatlantic flights.

All Other Routes
You may travel up to week 28 of pregnancy with your doctor's written permission. Between weeks 28-33 your doctor must complete an Expectant Mother Travel Advice Form. Click here to access this form: Expectant Mother Travel Advice Form. Aer Lingus will not carry any passengers 34 weeks or over for any part of their journey, outbound or return.

Ireland, UK and Continental Europe originating passengers will need to fill out the Expectant Mother Travel Advice Form signed by their doctor and send it by fax to 00 353 XXXXX.
Passengers are required to provide a minimum of 48 hours notice of their intention to travel.

Conclusion: A woman in her 33th week could fly and be within the EI rules.

However these small ones do not always stick to the rules. Yes, births do happen in international airspace.

Lapin

John C wrote: »

The birth certificate will read "International Airspace" as place of birth.

It would certainly make for an interesting story to tell later in life, but I imagine it could be a bit of a headache when filling out forms for passports etc.