Woman who gives birth mid-air creates major legal issue for baby

Giving birth during a flight is pretty much every new mother's nightmare, but it's exactly what happened to one woman who went into labour on a Caribbean Airlines flight as it approached New York.

Giving birth on a flight is a pretty rare occurrence - after all, airlines prohibit pregnant women from travelling after a certain point of pregnancy. While this doesn't eliminate the risk of giving birth mid-flight completely, it does reduce the chance.

A study by the National Library of Medicine between 1929 and 2018 found that 74 infants were born on 73 commercial flights.

The airline explains on its website: "Expectant mothers will be accepted for travel without medical clearance up and to the end of the 32nd week of pregnancy. However, we recommend that you obtain a doctor’s statement verifying the expected date of confinement to prevent the possibility of being denied boarding by check-in staff or barred from entering the destination country by immigration. Between the 32nd and 35th week, medical clearance is mandatory."

The woman gave birth on a Caribbean Airlines flight (Nicolas Economou/NurPhoto via Getty Images)

Caribbean Airlines goes on to explain that the medical certificate should state:

• The confirmation of a normal pregnancy
• The estimated date of confinement
• That you are in good health
• That there is no known reason which would prevent you from flying

They also add that expectant mums cannot travel after the 35th week of pregnancy.

One immigration lawyer has spoken about the baby's birth, explaining that it could raise some important legal issues.

Speaking on YouTube, Brad Bernstein said: "Now the big question is… is that baby a US citizen?

"Here's the answer - depends on one thing: where exactly that plane was in the sky at the moment of birth.

"If the baby was born in US airspace, then under the 14th Amendment and State Department regulations, that child is automatically a US citizen.

"But if the baby was born even a few minutes earlier outside of the United States airspace, not a US citizen."

Giving birth on a flight is a pretty rare occurrence (Getty Stock Photo)

Speaking about the incident in a statement, Caribbean Airlines said: "The airline comments 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."

They also added that medical teams attended once the plane had safely landed at John F. Kennedy International Airport.

It is not currently clear how many weeks' pregnant the mother was at the time of the delivery.