Woman gives birth on a plane – but the baby’s nationality sparks a debate
A woman gave birth during a flight to the US, which has raised questions over the baby’s right to citizenship.
The unnamed passenger was flying from Kingston, Jamaica, to New York City when she went into labour somewhere near the US east coast.
A pilot alerted John F. Kennedy Airport to the unfolding situation during the Caribbean Airlines flight.
He said: ‘We have a passenger, a pregnant passenger, who is going into labour at this time.’
The air traffic controller, sounding calm but surprised, tells the pilots ‘roger that’ and asks whether they will need medical teams on arrival.
One air traffic controller joked that the baby should be named after the airport.
‘Is it out yet?,’ he asks the pilot, adding that ‘tell her she’s got to name it Kennedy’ after finding out the baby was born.
No emergency was declared during the approach to JFK, the airline confirmed.
Caribbean Airlines said in a statement: ‘The airline commends the professionalism and measured response of its crew, who managed the situation in accordance with established procedures, ensuring the safety and comfort of all onboard.’
It is not known where exactly the plane was at the moment of the baby’s birth.
What are the US birthright rules?
The baby’s citizenship status will depend on one key thing, immigration lawyer Brad Bernstein said on his social media – where exactly the plane was at the time of birth.
The expert said: ‘If the baby was born in US airspace, then under the 14th Amendment and State Department regulations, that child is automatically a US citizen.
‘But if the baby was born just a few minutes earlier outside the United States airspace, not a US citizen.’
The birthright to US citizenship, enshrined in the Constitution, was cast under doubt after Donald Trump made moves to try to deny it for children born to parents on American soil who are not citizens or lawful permanent residents.
This was previously blocked by judges, but Trump’s bid is now being heard in the Supreme Court.
Births during flights are rare, with only 74 babies born on planes between 1929 and 2018, according to the US National Library of Medicine.
It is not known how far along the passenger was, but most airlines generally require a fit-to-fly certificate for pregnant fliers from 28 weeks.
Caribbean Airlines reportedly allows pregnant passengers to travel without medical clearance until the 32nd week, and bans flying after the 35th week.
What is birth tourism?
Birth tourism is used when women travel to the US to give birth so that their child will get US citizenship.
The US is one of around 30 countries, most of them in the Americas, where citizenship is granted unconditionally as long as the birth is within the country’s borders.
There have been accusations against wealthy parents from Russia and China, who pay handlers for a luxury stay in the US to give birth.
Charities have estimated that up to 26,000 babies are born to tourists on US soil.
The UK and most European countries do not have birthright citizenship, meaning the child’s parents will have to apply for legal right to remain beyond a tourist visa.
Last year, a Ryanair flight from Brussels, Belgium, to Castellon, Spain, turned eventful when a woman, thought to be 37 weeks pregnant, went into labour after saying she was feeling unwell.
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