# Born at sea, mother dead, ship sunk, what citizenship? **URL:** \ **Category:** Factual Questions\ **Created:** [February 17, 2011, 11:46am UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689 "2011-02-17T11:46:17Z")\ **Posts on this page:** 18\ **Page:** 1
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [February 17, 2011, 11:46am UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/1 "2011-02-17T11:46:17Z")
Here’s something about which I was wondering last night. Suppose you are a pilot in a seaplane responding to a distress call from a ship in international waters. You are the first responder. You get there to find that the ship has sunk and the sole survivors are a woman and her new-born baby (which still has the cord attached). Just as the mother hands you the baby, sharks, attracted by the bodies from the shipwreck and the childbirth, tear her to pieces. The child is clearly slightly premature - the stress of the shipwreck brought on labour. You will later find that the ship did have a passenger and crew list, but you cannot identify the mother from that list. Nor does genetic testing help. Your memory is insufficient to create a photofit. What nationality is the child? Yours? The ship’s captain’s? That of the nation in which the ship was registered? Where you first land? ---
**Author:** ![firstname](https://avatars.discourse-cdn.com/v4/letter/f/7ab992/32.png) [@firstname](https://boards.straightdope.com/u/firstname)\ **Post date:** [February 17, 2011, 12:55pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/2 "2011-02-17T12:55:00Z")
> **[Birth aboard aircraft and ships | Contemporary laws](https://en.wikipedia.org/wiki/Birth_aboard_aircraft_and_ships#Contemporary_laws)** > > Under the 1944 Convention on International Civil Aviation, articles 17–21, all aircraft have the nationality of the state in which they are registered, and may not have multiple nationalities. The law of the aircraft's nationality is applicable on the aircraft. However, nationality laws of any country already apply everywhere, since it is for each country to determine who are its nationals. So this convention has no effect on nationality laws. The convention does not say that a birth on a country... This would seem to suggest that the baby would be considered to be the nationality of the ship. ---
**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\ **Post date:** [February 17, 2011, 1:14pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/3 "2011-02-17T13:14:38Z")
I’d be surprised if an eight-months-pregnant woman boarding a boat wouldn’t be remembered by _someone_ at the point of departure. That said, the United States does give citizenship to foundlings if they’re found [“in the United States”](http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9679.html) (see item (f).) It’s not immediately clear to me whether your hypothetical infant would qualify, though. If your hypothetical infant becomes a _cause célèbre_, I believe (someone correct me if I’m wrong) that Congress can pass laws saying “this person is a citizen of the United States”, which would make things moot. ---
**Author:** ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)\ **Post date:** [February 17, 2011, 5:55pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/4 "2011-02-17T17:55:54Z")
> [@MikeS](#): > > If your hypothetical infant becomes a _cause célèbre_, I believe (someone correct me if I’m wrong) that Congress can pass laws saying “this person is a citizen of the United States”, which would make things moot. Yeah, they can do this. I’ve read that Albert Einstein was declared a US citizen in this way. Back when Elian Gonzales was in the news, the possibility of having Congress declare him a US citizen was raised, but nothing came of it. ---
**Author:** ![astorian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@astorian](https://boards.straightdope.com/u/astorian)\ **Post date:** [February 17, 2011, 6:05pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/5 "2011-02-17T18:05:22Z")
> [@Diceman](#): > > Yeah, they can do this. I’ve read that Albert Einstein was declared a US citizen in this way. Back when Elian Gonzales was in the news, the possibility of having Congress declare him a US citizen was raised, but nothing came of it. As far as I know, Albert Einstein became a US citizen the old-fashioned way, by moving to New Jersey and going through all the usual immigration paperwork. A few people have been granted US citizenship by special acts of Congress- I want to say that the Marquis de Lafayette was the first and that Swedish diplomat Raoul Wallenberg was the last. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 17, 2011, 6:19pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/6 "2011-02-17T18:19:58Z")
That child better not aspire to the Presidency ---
**Author:** ![GreasyJack](https://avatars.discourse-cdn.com/v4/letter/g/df705f/32.png) [@GreasyJack](https://boards.straightdope.com/u/GreasyJack)\ **Post date:** [February 17, 2011, 6:20pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/7 "2011-02-17T18:20:28Z")
> [@firstname](#): > > [Birth aboard aircraft and ships - Wikipedia](http://en.wikipedia.org/wiki/Birth_aboard_aircraft_and_ships#Contemporary_laws) > > This would seem to suggest that the baby would be considered to be the nationality of the ship. Imagine if it were sailing under a flag of convienience. Enjoy your Liberian citizenship, kid! ---
**Author:** ![Darth\_Panda](https://avatars.discourse-cdn.com/v4/letter/d/ee7513/32.png) [@Darth\_Panda](https://boards.straightdope.com/u/Darth_Panda)\ **Post date:** [February 17, 2011, 6:33pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/8 "2011-02-17T18:33:26Z")
nevermind - misread OP ---
**Author:** ![lieu](https://avatars.discourse-cdn.com/v4/letter/l/c2a13f/32.png) [@lieu](https://boards.straightdope.com/u/lieu)\ **Post date:** [February 17, 2011, 7:04pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/9 "2011-02-17T19:04:10Z")
> [@](#): > > Suppose you are a pilot in a seaplane responding to a distress call from a ship in international waters. You are the first responder. You get there to find that the ship has sunk and the sole survivors are a woman and her new-born baby (which still has the cord attached). Just as the mother hands you the baby, sharks, attracted by the bodies from the shipwreck and the childbirth, tear her to pieces. The child is clearly slightly premature - the stress of the shipwreck brought on labour. Well, will the sea be on fire due to burning fuel from the sunken boat? Is there any chance the child will already have been shot by his mother who didn’t want to see him suffer? Will I have the option of firing a warning shot near him to let him know I’m serious about his repatriotization and don’t want any squirming around? ---
**Author:** ![XT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xt/32/456_2.png) [@XT](https://boards.straightdope.com/u/XT)\ **Post date:** [February 17, 2011, 7:11pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/10 "2011-02-17T19:11:51Z")
What accent would the baby have? That might be key… (No, I’m just kidding there. My guess is, assuming there was no way to tell who the mother was, the baby would become a citizen of whichever country the rescue worker came from, or possibly the countries who had citizens as passengers on the ship would decide amongst themselves) -XT ---
**Author:** ![Wheelz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wheelz/32/5718_2.png) [@Wheelz](https://boards.straightdope.com/u/Wheelz)\ **Post date:** [February 17, 2011, 7:16pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/11 "2011-02-17T19:16:35Z")
I don’t have an answer for the OP, but I am surprised that nobody’s made an “Anchor Baby” joke yet. It’s not gonna be me. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [February 17, 2011, 7:24pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/12 "2011-02-17T19:24:01Z")
The position is reasonably clear in Australian law, under the Australian Citizenship Act 2007, section 7: > [@](#): > > 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 is registered; and > > (b) a person born on a ship or aircraft not registered in Australia or a foreign country and belonging to the government of a country is taken to have been born in that country. > > ``` ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [February 17, 2011, 8:41pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/13 "2011-02-17T20:41:56Z")
> [@astorian](#): > > …A few people have been granted US citizenship by special acts of Congress- I want to say that the Marquis de Lafayette was the first and that Swedish diplomat Raoul Wallenberg was the last. Almost: [Honorary citizen of the United States - Wikipedia](http://en.wikipedia.org/wiki/Honorary_citizen_of_the_United_States) ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [February 17, 2011, 9:14pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/14 "2011-02-17T21:14:04Z")
> [@Diceman](#): > > Back when Elian Gonzales was in the news… Whatever happended to that kid? He’d be 17 now. His wiki page indicates that he joined the Young Communist Union of Cuba while in Junior High, and then went off to military school. ---
**Author:** ![Max\_Torque](https://avatars.discourse-cdn.com/v4/letter/m/e9bcb4/32.png) [@Max\_Torque](https://boards.straightdope.com/u/Max_Torque)\ **Post date:** [February 17, 2011, 9:21pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/15 "2011-02-17T21:21:01Z")
> [@astorian](#): > > As far as I know, Albert Einstein became a US citizen the old-fashioned way, by moving to New Jersey and going through all the usual immigration paperwork. “The usual way” means moving to New Jersey? No wonder so many folks would rather just jump the fence… ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [February 17, 2011, 9:28pm UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/16 "2011-02-17T21:28:06Z")
> [@Procrustus](#): > > That child better not aspire to the Presidency But what if the ship has a Kenyan registry? 😛 ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [February 18, 2011, 12:31am UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/17 "2011-02-18T00:31:46Z")
Is the fact that the ship has sunk relevant? ---
**Author:** ![lieu](https://avatars.discourse-cdn.com/v4/letter/l/c2a13f/32.png) [@lieu](https://boards.straightdope.com/u/lieu)\ **Post date:** [February 18, 2011, 1:26am UTC](https://boards.straightdope.com/t/born-at-sea-mother-dead-ship-sunk-what-citizenship/571689/18 "2011-02-18T01:26:04Z")
Is that a metaphor?