A routine passenger flight from Jamaica landed at New York’s John F Kennedy international airport with one more person than it took off with after a woman gave birth in midair, potentially setting up a tricky situation over the newborn’s citizenship.
The “medical event” occurred on a Caribbean Airlines flight from Kingston on Saturday, according to a news release from the carrier.
“Upon arrival, the mother and newborn were attended to by medical personnel and are receiving the necessary care,” the statement said. It did not say whether the baby was a boy or girl – or at what stage of the four-hour flight the infant was born.
In a conversation between the pilot of flight BW005 – designated Caribbean 5 – and the Queens airport’s tower, an air traffic controller suggested a name for the baby.
“All right, tell her she’s got to name it Kennedy,” the controller said after the pilot responded to the question “Is it out yet?” in the affirmative.
“Ah, Kennedy, will do,” the pilot responded while laughing, according to a transcript obtained by CBS News.
The birth quickly prompted a debate about citizenship for the infant, which remains uncertain because of a lack of information about the status of the parents – and where the plane was at the exact moment the baby was born.
If either parent is already a US citizen, the baby will also be one. If not, US citizenship laws published by the federal state department come into play.
By law, US airspace is defined as the same as its territorial waters, namely within 12 miles of the coastline. “The rules applicable to vessels obviously apply equally to airplanes,” the document states. “Thus a child born on a plane in the US or flying over its territory would acquire US citizenship at birth.
“Generally speaking, US Customs and Border Protection (CBP) would require some documentation of the birth, generally an excerpt of the ship’s/aircraft’s medical log or master/captain’s log, reflecting the time, latitude, and longitude when the birth occurred.”
Under the 14th amendment to the US constitution, “all persons born or naturalized in the US and subject to the jurisdiction thereof, are citizens of the US”. The executive order Donald Trump issued at the beginning of his second presidency restricting US citizenship to children born only to citizens and lawful permanent residents was blocked by a federal court and is awaiting a final ruling by the supreme court after oral arguments on 1 April.
The US government does not publish figures of babies born on international flights within its airspace. The most recent research is a study published in 2019 by a professor at Ohio’s Bowling Green State University, recording 74 births on 73 commercial flights between 1929 and 2018 – with two of the babies not surviving.
Airlines generally restrict pregnant women from flying beyond 36 weeks’ gestation and allow those beyond 28 weeks to travel only with medical clearance. Caribbean Airlines’ policy is to allow pregnant passengers to travel without medical clearance through the end of their 32nd week of pregnancy.
In its statement, Caribbean Airlines said no emergency was declared during the flight – and that the mother and her family had requested privacy.
“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 all onboard,” the statement said.
