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Midair Birth on Flight to New York Puts Baby’s U.S. Citizenship in Question

Officials will use flight records to determine if the delivery happened in U.S. airspace.

Overview

  • Caribbean Airlines Flight BW005, which was approaching JFK on Saturday, carried a passenger who delivered a baby as the plane neared landing.
  • The airline said no emergency was declared and that the mother and newborn received medical care after arrival, with their identities withheld.
  • Immigration lawyers say the child would be a U.S. citizen only if the birth occurred within U.S. airspace, and the precise time and location have not been confirmed.
  • Any citizenship decision will rely on GPS coordinates from flight logs and medical records, which State Department passport specialists use to adjudicate in-flight birth cases.
  • The dispute unfolds as the Supreme Court reviews efforts to limit birthright citizenship, and such midair births are rare, with 74 recorded worldwide between 1929 and 2018.