Baby born during trans-Atlantic flight

[Andrew P]

Originally Posted by NickN

So does that mean if this lady happened to claim some sort of asylum on the basis that her child was technically a Canadian citizen she would be more than likely to receive asylum status?

What would happen if a pregnant refugee delivered a child while the plane was over Australia, the child would automatically be an Australian citizen be.

no see below would not be an Australian citizen

yes Australian have deported non-Australian, notwithstanding thier child is an Australian citizen, rare, but it happens

Originally Posted by NickN

So does that mean if this lady happened to claim some sort of asylum on the basis that her child was technically a Canadian citizen she would be more than likely to receive asylum status?

the lady was on a plane heading to the USA, (thus with a visa), is very unlikey to be a refugee

[Ash W]

Originally Posted by John C

Incorrect.

It depends on the country.

In the US, a child born in the US of Australian parents is a US citizen, entitled to a US passport and all that it conveys.

Further to that, the child is NOT an Australian citizen and needs to be naturalised upon return to Australia.

as for the child born in flight, it was my understanding that it is a citizen of the country which is being overflown, unless it is in international waters, at which point it reverts to the carriers country of origin - but I am not sure on that.

Incorrect...

In the US a baby born to non american parents assumes citizenship only if the parents have the legal right to live in the US. If they have no legal right to live in the US or are diplomats (who technicaly do not live in the host country) then the child cannot become a US citizen.

Also as someone else has pointed out provided at least one parent is an Australian citizen, any child, no matter where they are born can be registered as an Australian Citizen by descent.

[Liz E]

Typical blokes! The two most critical issues pertaining to the incident have been entirely missed;

...everything went perfect...

...Sasha was born five minutes after her mother went into labour...

Everything aside from that is mere static. Oh did anyone catch the aircraft reg?

[David Ramsay]

I have to wonder how someone in her late state of pregnancy was allowed to board the flight.

I thought there were restrictions on air travel after ?? weeks. If the baby was born as healthy as reports suggest, it doesn't appear to have been excessively premature.

[NickN]

..... anyone know how the child would pass immigration as the point of arrival with no passport?

[John C]

I stand corrected

I work with someone who was living in the US on a posting and their child is a US citizen - they had a bunch of stuff to do when they got back to Oz to naturalise their child.

the child is now a dual US/Aust citizen