IN-AIR BIRTH; HOW DO YOU DETERMINE THE CHILD'S CITIZENSHIP

The rate at which Nigerians leave the country to have their babies abroad is so alarming, most mothers are so desperate to get visa once they are pregnant, and why is this so. 

Is Nigeria’s citizenship not worth having? I am a Nigerian I am proud, the giant of Africa we remain irrespective of our shortcomings and challenges.

Despite being proud of my country it is still not a bad thing to have one’s baby abroad, if one can afford it. Nigerians have their babies in United State of America this days in fact it is a thing of joy and pride among one’s friends and family members. 

This is a true reflection that our citizens don’t believe in our dear country because of insecurity, political, ethnic crisis the fear of not knowing what will happen next. Those who have money are planning an escape route to leave the country before the next general election, they don’t mind a neighboring African countries, it is that BAD. 

This is as a result of an open letter written few days ago by one of the Nigeria’s head of state and elder statesman, though this does still not confirm anything, we are in a democratic dispensation you can write an open letter but please be mindful if you are ‘common citizen’ so as not to lead to treason/treasonable felony (A discussion for another day)

They don’t mind the risk of travelling when they are almost due, some travel few days to their expected due dates (EDD) endangering their life and that of their unborn child, this has resulted into having in-air birth, though this is uncommon this days because women are advised not to travel once they are thirty eight weeks gone and most airlines does not carry them once they see that they are almost due and if at all they will it will be based on doctor’s approval.

This now takes us to what the law say about in-air birth, where a pregnant woman falls into labor and have the child, which country will be the child’s place of birth and Nationality. We shall use the United Nation law for this purpose because this topic is not only applicable to Nigerians only. The United Nation law is the most suitable because every country on the planet is a member, which Nigeria is one.

The united nation law provides that a child born in flight will have the citizenship of the airplane’s registered country. if you must travel when you are almost due be mindful of the airline so that purpose won’t be defeated ‘lol’ This is the general rule but some countries say it is the country where the child disembarked, some said it is where the baby first disembarked that will serve as the place of birth while the child’s citizenship is the airplane registered country.

Citizenship and place of birth are two different things; citizenship is the status, position, rights and duties of citizens, this is larger and requires paper work while place of birth is a less legally significant consideration.

Take United State of America for instance where the child parents are both US citizens and at least either of the parent resides in US at least a year before the child’s birth, the child automatically becomes, for every rule there are exceptions this will not apply in case of children of people who are not ‘subject to the jurisdiction’ of the United States i.e. Diplomats.

There are several laws governing this varying from one state to the other as we know that each state has its law. Houston Texas for instance the birth certificate of the child will carry where the child was first removed and the plane.

Thank you

Oyenike Alliyu-Adebiyi LLB(hons)BL