When babies are born on an overseas flight
Q: When a baby is born in flight, what determines the nationality of the child?
— Ray M., Columbus, Ga.
A: This is an incredibly complex issue.
The nationality of the child is dependent on which airline the birth occurs, where it occurs and the nationality of the parents.
The International Civil Aviation Organization (ICAO) provides some guidance, including the location of the airplane at the time of birth, the registration of the airplane, the destination and point of origin.
Different countries treat births differently. In some cases, rules stipulate that where the baby is born, the nationality is offered or required.
Other countries have the nationality of the parents as their rule.
In some cases, the nationality of the airline can become the nationality of the baby.
Based on this patchwork of rules, there are scenarios in which multiple citizenships may be available for the child from which the parents can choose.
On the birth certificate, the place of birth is listed as “In the air.” There are few people with such a birth certificate (rumors that they get to fly free for life are not true).
This is one of the more interesting questions we have had. Q: For flight plans that straddle international bor- ders, do the diversion airports need to be identified based on the origin of the airline, or can any airport be used? Say Air Canada is the carrier, must their typical alternate/diversion airports be Canadian?
— Bryan, Ohio
A: An airline can file an alternate airport that meets the regulatory requirement without restriction to the nationally of the airline. All things being equal, it may be more convenient to choose a diversion airport in the home country. A foreign flight arriving unexpectedly could require special customs and screening procedures that would cause delays.
If a problem develops, causing a diversion, any suitable airport may be used.
Q: I was on a 747 from Dubai to London when we landed in Paris in bad weather and at night. How do pilots decide how much fuel to carry and when to land to refuel? Couldn’t the plane just fly a bit more rather than land in Paris?
— Casper Yap, New York
A: The pilots and the dispatcher agree on the fuel required for the flight. In your example, the holding time for London may have been excessive or the weather may have been below landing minimums. Pilots do not like to divert unless it is necessary for safety. In your example, just having additional fuel may not have prevented the diversion to Paris.