A woman gave birth on a Caribbean Airlines flight to New York City this weekend. (representational image)
Amid a hearing on birthright citizenship, a passenger gave birth during a flight to the United States, sparking debate over whether that child was automatically a US citizen. The passenger, whose identity has not been revealed, was traveling from Jamaica to New York City when she went into labor near the east coast of the United States.
No emergency was declared as the flight approached JFK. One air traffic controller joked that the baby should be named Kennedy after JFK.According to reports, one of the pilots alerted JFK Airport that they had a situation where a pregnant passenger was going into labor. The air traffic controller asked the pilot if they would need medical teams upon arrival. “Is he out yet?” The controller asked the pilot.
“Tell her she should name it Kennedy,” the controller said. Caribbean Airlines confirmed the incident and said the crew managed the situation according to established procedures. “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 everyone on board,” the airline said. Immigration attorney Brad Bernstein said it is a unique and rare case and every minute counts.
“If a child is born in U.S. airspace, then under the 14th Amendment and State Department regulations, that child automatically becomes a U.S. citizen. But if the child is born a few minutes earlier, outside of U.S. airspace, he or she is not a U.S. citizen. Same flight, same parents, very different outcome,” Bernstein said.“A Caribbean Airlines flight does not make a child a Caribbean citizen, whichever country the airline belongs to.
This is where it gets even crazier. If that birth occurs over international waters and the parent’s state does not automatically grant its nationality to that child, that child may actually be stateless. “No country, no passport, nothing.”
Another twist in the case is that even if the baby is born in the air, the birth certificate is supposed to be issued in the place where the plane lands, which is New York City, Bernstein said.Births during flights are rare because airlines do not allow pregnant women to travel after a certain period. Only 74 babies were born on planes between 1929 and 2018, according to the US National Library of Medicine. Caribbean Airlines reportedly allows pregnant passengers to fly without medical clearance until the 32nd week, and prohibits flying after the 35th week.
