What Nationality is a Child Born on a Plane?

What nationality is a child born on a plane? This question has been asked many times. Depending on the country of birth, the child may be considered a citizen of that country or of the country where the plane was flying when the child was born. Confusion often arises due to different interpretations of international law and conflicting rulings by various courts. So, what is the nationality of a child born on a plane? The answer is not straightforward, but here we will try to provide an overview of the relevant laws and cases.

How do babies obtain Australian citizenship?

There are several ways in which a baby can obtain Australian citizenship - the precise way depends on who they were born to and whether they were born on Australian land.

What is the citizenship of babies born in Australia?

Section 12 Citizenship by birth

(1)  A person born in Australia is an Australian citizen if and only if:

(a)  a parent of the person is an Australian citizen, or a permanent resident, at the time the person is born;

(b)  the person is ordinarily resident in Australia throughout the period of 10 years beginning on the day the person is born.

In other words, if a baby is born in Australia they have two ways of becoming a citizen:

What is the citizenship of babies born outside Australia?

Section 16 Application and eligibility for citizenship

… (2) A person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if:

(a)  a parent of the person was an Australian citizen at the time of the birth; and

(b)  if the parent was an Australian citizen under this Subdivision or Subdivision AA, or section 10B, 10C or 11 of the old Act (about citizenship by descent), at the time of the birth:

(i)  the parent has been present in Australia (except as an unlawful non-citizen) for a total period of at least 2 years at any time before the person made the application; or

(ii)  the person is not a national or a citizen of any country at the time the person made the application and the person has never been such a national or citizen; and

(c)  if the person is or has ever been a national or a citizen of any country, or if article 1(2)(iii) of the Stateless Persons Convention applies to the person, and the person is aged 18 or over at the time the person made the application--the Minister is satisfied that the person is of good character at the time of the Minister's decision on the application.

In other words. only babies born to an Australian citizen outside of Australia will be eligible for Australian citizenship (citizenship by descent). If the baby is born to an Australian permanent resident or Australian temporary visa holder whilst outside Australia, they will have no entitlements to Australian citizenship.

What is the citizenship of babies born on planes?

The citizenship of a baby and what laws apply depends on where they were born i.e. were they born on Australian land? Therefore, the issue is whether a baby born on a plan was born on ‘Australian land’.

Section 7 Children born on ships or aircraft or after death of parent

Persons born on ships or aircraft

(1) For the purposes of this Act:

(a) A person born on a ship or aircraft registered in Australia or a foreign country is taken to have been born at the place at which the ship or aircraft was registered…

Therefore, laws relating to citizenship of babies born on Australian land will apply to Australian registered planes. Alternatively, laws relating to the citizenship of babies born on foreign land will apply to non-Australian registered planes.

How can Agape Henry Crux Help You? 

If you want to find out more, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com. 

We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter. 

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact our office. 

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