What are the legal implications for a child being born in space?

Question

So, in this case, I asked back in the chat about the side-effects of childbirth AND what legal implications that would have for a person born outside of a celestial body; a "spacer", if you will.

So, say that next year, the first human is born in the ISS. He survives the process of childbirth, ignoring the side-effects of microgravity for an instant. Assuming he lasts long enough, what legal implications could that have for the child?

What legal rights does a "spacer" have? What citizenship does he/she have? That kind of thing.

Any reason to expect it to be different than people born in the air or at sea? In many cases, the child would get the citizenship of the parents. — gerrit, Mar 20 '18 at 14:14
@gerrit I'm guessing it would be the same, as mentioned in this quora Q&A, I don't think it matters whether it's International Waters, International Airspace or International Space... space. — Edlothiad, Mar 20 '18 at 14:23
@Edlothiad. Is there an international treaty dealing with that? Because I do not see any considerations for that in the Outer Space Treaty of 1967. :( — Future Historian, Mar 20 '18 at 14:32
Did the birth occur significantly more than nine months after the mother reached the ISS? — DJohnM, Mar 20 '18 at 17:47
I realize it's not really the nub of your question, but I'm reasonably sure that the expectant mom would be evac'd back to Earth as soon as the test showed positive. https://space.stackexchange.com/questions/8569/why-is-there-a-pregnancy-test-kit-on-the-iss — Organic Marble, Mar 21 '18 at 00:20
@DJohnM. To answer your question, yes. As in: this child was conceived and born in space for our purposes. — Future Historian, Mar 21 '18 at 11:48
Would laws that concern babies born in an airplane over a country come into play here? — Ellesedil, Mar 22 '18 at 14:08
Related Is it possible to get pregnant through natural means in space? which indicates it is unlikely there would be a live birth in space, even if mom was not returned to Earth as pointed out by @OrganicMarble. — James Jenkins, Mar 26 '18 at 18:20

score 4 · Answer 1 · answered Mar 22 '18 at 12:27

If one of his parents belongs to a country that applies Jus sanguinis, then he'll have that citizenship.

Jus sanguinis (Latin: right of blood) is a principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state. Children at birth may automatically be citizens if their parents have state citizenship or national identities of ethnic, cultural, or other origins.1 Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with jus soli (Latin: right of soil).[2]

What are the legal implications for a child being born in space?

1 Answers1